Brooks v. Brooks

• Decision Date: 26 August 1993
• Docket Number: No. 12-93-00050-CV,12-93-00050-CV
• Citation: 864 S.W.2d 645
• Parties: Linda BROOKS, Appellant, v. William R. BROOKS, Appellee.
• Court: Texas Court of Appeals

Page 645

864 S.W.2d 645

Linda BROOKS, Appellant, v. William R. BROOKS, Appellee.

No. 12-93-00050-CV.

Court of Appeals of Texas,

Tyler.

Aug. 26, 1993.

Tim James, Asst. Dist. Atty., Nacogdoches, for appellant.

James L. Garrett, III, Nacogdoches, for appellee.

Before RAMEY, C.J., and BILL BASS and HOLCOMB, JJ.

BILL BASS, Justice.

Linda Brooks appeals from the trial court's judgment nunc pro tunc divorce decree, in which William Brooks was awarded one-half of Linda's retirement fund. We will affirm the trial court's judgment.

On August 17, 1992, the trial court rendered a judgment for divorce of the marriage between William and Linda Brooks. The civil docket sheet contains a notation that the divorce was granted, and that the husband would receive one-half of the wife's retirement benefits. However, on October 22, 1992, following Linda's motion to enter judgment, the trial court entered its judgment awarding to Linda all of her retirement benefits. On December 10, 1992, in response to William's motion to correct the judgment, the trial court entered its judgment nunc pro tunc. The corrected judgment reflected the August 17, 1992 judgment, awarding William one-half of Linda's retirement benefits.

The Appellant, in her first point of error, complains that the trial court erred when it failed to file findings of facts and conclusions of law. Linda timely and properly requested the findings and conclusions, and further notified the trial court of the past due findings of facts and conclusions of law. The Appellant argues that a trial court's failure to file such findings and conclusions constitutes reversible error. The authority, however, is to the contrary. If the appellate record shows that the complaining party has suffered no injury from the trial court's failure, reversal of the trial court's judgment is not required. Cherne Industries, Inc. v. Magallanes, 763 S.W.2d 768, 772 (Tex.1989); Las Vegas Pecan & Cattle Co. v. Zavala Cty., 682 S.W.2d 254, 256 (Tex.1984). Linda's appeal is limited to whether the trial court's judgment nunc pro tunc, awarding William one-half of Linda's retirement benefits, was effective to supersede the court's original judgment. Because her attacks on the corrected judgment are questions of law relating only to whether the trial court had the authority to enter its judgment nunc pro tunc, she has suffered no harm by the court's failure to file its findings of facts and conclusions of law. Point of error one is overruled.

In her second point of error, the Appellant argues that the trial court erred in entering the judgment nunc pro tunc in that if there was error, the error was judicial error, and could not be corrected by a judgment nunc pro tunc. A trial judge has the authority to correct mistakes after the expiration of the court's plenary power only if the error is clerical rather than judicial in nature. Andrews v. Koch, 702 S.W.2d 584, 585 (Tex.1986). A clerical error is one that does not result from judicial reasoning or determination. Id. A judicial error is one made by the court in rendering judgment, as opposed to the entering of the judgment in the record. Escobar v. Escobar, 711 S.W.2d 230, 231 (Tex.1986).

As evidenced by the trial court's notations on the docket sheet on the date the court rendered judgment, William Brooks was to receive one-half of Linda Brooks' retirement benefits. It appears that the trial court inadvertently signed and entered the original judgment, which awarded Linda all of her retirement benefits. The docket sheet showed a contrary intention by the trial court; we may consider such evidence in our determination of whether...