Lone Star Cement Corporation, Relator v. J. Roll Fair, District Judge, Respondents

Summary

The Texas Supreme Court held that the non‑suit order dismissed only Lonnie R. Chant, not the entire cause, and that the nunc pro tunc judgment correcting the default judgment was void because it attempted to correct a judicial error. Accordingly, the court granted a writ of mandamus directing the trial judge to set aside the nunc pro tunc judgment and the subsequent new‑trial order. A dissent argued the error was clerical and the nunc pro tunc judgment should stand.