In Re Dickerson

259 S.W.3d 299, 2008 Tex. App. LEXIS 4741, 2008 WL 2521888

• Court: Court of Appeals of Texas
• Decided: June 26, 2008
• Docket: 09-08-218 CV
• Status: Published

Opinions

OPINION

STEVE McKEITHEN, Chief Justice.

William Dickerson filed a petition for writ of mandamus to compel the trial court to vacate an order denying a motion to enter judgment nunc pro tunc. Dickerson asks this Court to direct the trial court to correct what he contends are clerical errors in the judgment. We deny the petition for writ of mandamus.

The trial court signed its judgment in 2001 and corrected the name of one of the plaintiffs through judgment nunc pro tunc in 2002. The judgments signed by the trial court correctly recite the jury’s responses to the jury questions, but Dickerson contends the decretal clauses do not accurately implement the jury’s verdict. In 2004, the trial court denied a bill of review filed by Dickerson. In 2006, counsel for the real parties in interest appeared before the trial court and announced that the parties agreed to the entry of a judgment nunc pro tunc that would reduce the amount of the judgment against Dickerson. In 2008, the trial court conducted hearings on Dickerson’s motion to enter judgment nunc pro tunc. The mandamus record does not establish that the trial court orally rendered a judgment that is contrary to the written judgment. The trial court did not find that the written judgment entered by the trial court failed to accurately reflect the judgment actually rendered by the trial court.

Dickerson contends the trial court erred in entering a judgment that was inconsistent with the jury’s verdict, and argued both to the trial court and to this Court that the trial court did not intentionally sign a judgment that made Dickerson personally liable for damages found by the jury to have been caused by the conduct of a co-defendant. “A judgment is rendered when the trial court officially announces its decision-either in open court or by written memorandum filed with the clerk-on the matter submitted for adjudication.” Wittau v. Stone, 145 S.W.3d 732, 735 (Tex.App.-Fort Worth 2004, no pet.). Once a trial court loses plenary power over a judgment, only clerical errors may be corrected by judgment nunc pro tunc. Id. (citing Escobar v. Escobar, 711 S.W.2d 230, 231 (Tex.1986)). “When a prior judicial determination is evidenced, but the signed judgment inaccurately reflects the true decision of the court, the error is clerical and may be corrected.” Andrews v. Koch, 702 S.W.2d 584, 586 (Tex.1986). Although the question of whether a purported error in a judgment is judicial or clerical is a question of law, we must give deference to the trial court’s factual determination regarding whether it previously rendered judgment and the judgment’s contents. Escobar, 711 S.W.2d at 232. If the written judgment accurately reflects the judgment actually rendered by the trial court, the written judgment cannot be corrected through judgment nunc pro tunc signed after the trial court’s plenary power expires. Id. Because the trial court could find that the judgment entered accurately reflected the judgment rendered in the case, it could deny Dickerson’s motion for entry of judgment nunc pro tunc.

Mandamus relief is appropriate only if the court clearly abused its discretion and the relator has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex.2004). After reviewing the mandamus record and petition, we conclude that the relator failed to establish his entitlement to mandamus relief. Accordingly, the petition for writ of mandamus is denied.

PETITION DENIED.