Andrews v. Koch

The issue is whether a probate court, after authorizing a contract for sale of estate property which includes an easement, can later enter a nunc pro tunc order to reform an administrators’ deed to include the easement. In an unpublished opinion, the court of appeals reversed the judgment of the probate court, holding that the error the probate court attempted to correct was judicial, rather than clerical, and thus not susceptible to reformation by a nunc pro tunc order. We grant this writ application pursuant to Tex.R.Civ.P. 483, and without hearing oral arguments, we reverse the judgment of…