Estate of Douglas

Cite as C093301
Filed September 21, 2022, Third District

By Jaime B. Herren
Holland & Knight LLP
www.hklaw.com

Headnote: Judgments – Nunc Pro Tunc Correction of Clerical Error

Summary: Years after judgment was renewed, it was corrected nunc pro tunc to state the judgment debtor’s representative capacity.

Judgment was made and entered in 2008 identifying the judgment debtor as Audrey Douglas, in her capacity as administrator of the Estate of Billy Joe Douglas.  In 2015, respondent law firm applied to the clerk to renew the judgment using the appropriate Judicial Council form and inadvertently omitted the judgment debtor’s capacity as administrator.  The clerk’s entry of renewal was a ministerial act.  In 2020, respondent filed a motion to correct the clerical error to insert the representative capacity next to the judgment debtor’s name.  The motion was opposed on grounds that omission of the representative capacity was an error of counsel, not the court.  The trial court granted the motion and amended the renewed judgement to correct the name nunc pro tunc.  The correction made the renewed judgment consistent with the underlying judgment.

The appellate court affirmed.  The trial court did not abuse its discretion because the error was clerical, not judicial, in nature.  Judicial acts involve exercise of judicial discretion, judicial reasoning or judicial determination, none of which were connected to the application or entry of renewal.