Q: What to do with Court order with multiple clerical error and parties not being named in distribution amounts?
Court Order was received a few days ago re distribution amts. to the parties. Plaintff now represented by his estate, no mention of estate in the Order. Distributions are to "plaintiff" and "defendant". Also, parties were given an initial distribution amt of $10,000.00 each, the Order incorrectly states $20,000 each. The Plaintiff counsel immediately made the court appointed transactional attorney aware of such error of fact, and this transactional attorney, who claimed to be on vacation, stated he would address it when he returns. However, the transactional attorney also immediately asked the Plaintiff counsel to file a Notice of Entry for this Order, knowing that it contains multiple clerical errors. The Plaintiff attorney rushes to do so and a NOE was filed. I have made the Court aware of such error, but no response yet. What procedure should I follow due to Order holding clerical error having been filed knowingly by trans attorney and Plaintiff and appeal time underway?
A: File a motion for reconsideration based on error. An appeal will not likely succeed as if the court intended the wrong result, the wrong result will stand.
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