Kostura v. Kostura
Court of Appeals of Texas
1Opinion of the Court
GUITTARD, Justice.
In this divorce case, plaintiff appeals from an order denying her motion, filed more than a year after judgment, to have the judgment corrected nunc pro tunc to conform to a letter from the judge to counsel before the judgment was drawn announcing his decision concerning matters at issue. The question is whether proof of differences between the letter and the judgment as signed is sufficient to show a clerical mistake. We hold that such proof is not sufficient.
At the original trial without a jury the judge granted the divorce and awarded custody of the children to plaintiff,…
2Cases cited15 opinions
- Coleman v. ZappTexas Supreme Court · 1912
- Knox v. LongTexas Supreme Court · 1953
- Palmo v. S. W. Slayden & Co.Texas Supreme Court · 1906
- Mercer v. BandCourt of Appeals of Texas · 1970
- Fort Worth & Denver City Railway Co. v. RobertsTexas Supreme Court · 1904
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3Cited by17 opinions
- Ortiz v. O. J. Beck & Sons, Inc.Court of Appeals of Texas · 1980
- St. Paul Surplus Lines Ins. Co., Inc. v. Dal-Worth Tank, Texas Court of Appeals, 7th District (Amarillo)1996
- Bockemehl v. BockemehlCourt of Appeals of Texas · 1980
- Mathes v. KeltonCourt of Appeals of Texas · 1977
- Kohut v. Mrs. Baird's Bakeries, Inc.Court of Appeals of Texas · 1972
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