COMMISSIONERS' COURT OF TARRANT COUNTY v. EMERSON

No. 17017.

441 S.W.2d 889 (1969)

The COMMISSIONERS' COURT OF TARRANT COUNTY et al., Appellants, v. Mrs. R. L. EMERSON et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied June 13, 1969.


Attorney(s) appearing for the Case

Stone, Tilley, Parker, Snakard, Law & Brown, and G. W. Parker, Jr., Thos. H. Law, and W. Terry Gardner, Frank Coffey, Dist. Atty., Fort Worth, McCall, Parkhurst & Horton, Dallas, for appellants.

Simon & Simon, and Henry W. Simon, Jr., Fort Worth, for appellees.

Crawford C. Martin, Atty. Gen., of Texas, and John W. Fainter, Jr., Asst. Atty. Gen., Austin, amici curiae.


OPINION

LANGDON, Justice.

The question on this appeal is whether or not a nunc pro tunc judgment signed and entered by the court on August 22, 1968 (after the court had lost jurisdiction of the case) is void because it attempted to correct a judicial error rather than a clerical error contained in the court's previous judgment of July 15, 1968.

We are of the opinion and hold that the nunc pro tunc judgment was void and should be set aside.

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