Bowden v. Green

Opinion

SPARKS, J.

The question presented is whether a judgment is valid when it is inadvertently signed by the trial judge but correctly reflects the undisclosed stipulation of counsel. We hold that the answer depends upon the validity of the stipulation; if valid, such a judgment cannot be attacked on appeal; if invalid, the judgment is correctable.(2) Defendant appeals from an order denying the “Motion to Correct Judgment.” He sought to correct the judgment on the ground of clerical error. Because we conclude that the stipulation was invalid, we reverse.

Facts

In July 1976 plaintiffs 2 filed…