Dikeman v. Snell

I respectfully dissent.

I disagree with the holding of the majority that the Relator has carried his burden of showing that the nunc pro tunc judgment was an attempt to correct a judicial error in the prior judgment after same had become final.

Rule 329b1 does not prohibit a judge from rendering at any time a nunc pro tunc judgment to make the record of the court reflect the judgment actually rendered. In other words, a clerical error in the record of the court may be corrected by a nunc pro tunc judgment even after the judgment becomes final by operation of Rule 329b.2 In order for this Court…