Edward F. Krull v. The Celotex Corporation

CUDAHY, Circuit Judge.

In this case we must consider under what circumstances a court may issue a written opinion elaborating on a prior order after a case has been dismissed and a final judgment entered. We conclude that where a court merely memorializes a previously rendered order within a reasonable time and without significantly altering the substance of that order, the subsequent written opinion may be considered as nunc pro tunc and thus within the court’s power.

I

Plaintiff-appellee Edward F. Krull 1 in 1983 sought compensatory and punitive damages from defendant-appellant, The Celotex…