(251) 299-0101

CIVIL PROCEDURE - EX PARTE PETRINA

Ex parte Petrina, [Ms. 2150044, Dec. 4, 2015] __ So. 3d __ (Ala. Civ. App. 2015). A trial court can grant a Rule 60(a) motion to correct a clerical error if the corrections do not involve judicial reasoning or the rendering of a different judgment. Here, a divorce judgment did not specifically reference the marital residence. The facts showed that the divorce court had intended to award the wife property not mentioned in the judgment, including the marital residence. Thus, the granting of the wife's Rule 60(a) motion was within the scope of that rule, and mandamus is denied.

Related Documents: Ex parte Petrina 12-4-15

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