In re M & O Homebuilders, Inc.

Evelyn V. Keyes Justice,

Dissenting

The majority holds that the trial court’s “Order on Defendants’ Summary Motion to Remove Invalid Lien” that removed a lien and assessed attorney’s fees is actually a final judgment because the Order mistakenly contained a Mother Hubbard clause and finality language that called the Order a “final judgment” that disposed of all claims and parties and was appealable. The majority holds that the mistake was not a clerical error but a judicial error that was discovered and corrected outside the trial court’s period of plenary power; therefore, the case was…