Drury v. Lunceford

(dissenting) :

Chronology of this case is thus: a one-day trial was had before the court, sitting without a jury, on February IS, 1965, where the amount of damages was the sole issue. At end, the trial court volunteered from the bench that “I think * * * judgment of $2,000 would be fair.” No signed judgment supports this “think.”

Within 48 hours, and on February 17, the judge transmuted this “think” into a voluntary, signed “Reconsideration” (which should have been entitled “judgment”), prefaced by a change of mind, with the comment that after having his reporter read *78back the evidence “The…