Ferguson v. Naylor

ON MOTION FOR REHEARING

On motion for rehearing, Naylor contends that since the power inherent in the trial court to conform its record to speak the truth, and the powers granted by Rules 316 and 329b are similar in nature, the powers are concurrent and the litigants may choose, by the denomination of a corrected judgment, the effect to be given that judgment. We cannot agree. Cf. Mathes v. Kelton, 569 S.W.2d 876, 878 (Tex.1978) (although judgment was denominated as a judgment nunc pro tunc, the supreme court determined that it would not have been a proper nunc pro tunc judgment since the…