I'm currently preparing to file an appeal in a Family Law matter out of the State of Texas. The order in the matter has been signed. However, a Nunc Pro Tunc motion was filed following the signing of the order to correct a clerical error. There has not been a ruling on the nunc pro tunc motion. I have filed a request for findings of facts and conclusions of law to be filed by the court...the request is yet to be filed by the court and is now late. I'm in the process of filing a notice of past due findings.
Clerical mistakes in a judgment may be corrected in open court, and the trial court may render judgment nunc pro tunc according to the truth or justice of the case. Tex. R. Civ. P. 316. This may be done even after the expiration of the court's plenary power. Tex. R. Civ. P. 329b(f).
Texas Rules of Civil Procedure
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