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Nichols v. Walton

Citations

  • 82 Fla. 385
  • 90 So. 157

Syllabus

<p>1. An order nunc pro tunc may he made tp correct a mistake in failing to enter an order that was actually made.</p> <p>2. An order can he entered nunc pro tunc to make a record of what was previously done hy the court, although not then entered; hut where the court has wholly omitted to make an order, which it might or ought to have made, it cannot afterward he entered nunc pro tunc.</p> <p>3. In the absence of a contrary showing the presumption is that a nunc pro tunc order was made to effectuate an order actually and duly made, hut which hy mistake was omitted from the minutes of the court.</p>

Judges: Browne, Ellis, Taylor, West, Whitfield

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Cites

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