Texas Supreme Court

Comet Aluminum Company, Inc., Relator v. Honorable Joe B. Dibrell, Respondents

January 14, 197013 Tex. Sup. Ct. J. 147

Summary

The Texas Supreme Court held that the trial court's nunc pro tunc judgment of March 3, 1969 was void because it attempted to correct a judicial error— the award of pre‑judgment interest— rather than a clerical error. Consequently, the subsequent judgment granting the defendant a new trial was also void, and the Court issued a writ of mandamus directing the trial judge to set aside both judgments.