Hirschi

Appeal from an order granting motion to amend judgment and declare it satisfied.

Facts

On May 6, 1980, appellant, plaintiff in this personal injury action, was awarded judgment on special verdict against defendant as executor of the last will and testament of Mary Bloom for $175,000. Neither a motion for new trial nor notice of appeal was filed.

It developed that the decedent’s liability insurance carrier was required to pay only $100,000 (actually paid $99,900) and plaintiff filed a partial satisfaction of judgment and then on June 9, 1981, on motion, obtained an order indicating that the partial satisfaction satisfied all liability of the insurance company. This motion was made after the court had issued a similar order (on Mar. 6, 1981) which in addition to satisfying the insurance company’s liability found that defendant and the estate had no liability to plaintiff since no claim had been filed against the estate.

Thereafter, on February 19, 1982, upon motion of the defendant, the court signed an “Amended Judgment on Special Verdict,” in form the same as the judgment entered on May 6, 1980, but substituting in place of “$175,000,” “$99,900.” The amended judgment…