Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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T.M. v. Department of Children & Families2D20-0462

Court
2nd DCA
Decided
2020-07-08
Case
TPR
Appellant
Mother
County
Pinellas

Affirmed Termination affirmed, but remanded to correct scrivener's errors in the judgment's citations to three statutory grounds.

Issue
Written findings & sufficiency of the order

Summary, issues, facts, outcome, and appellant were extracted automatically from the opinion. Check the opinion itself before relying on them.

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               NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
                      MOTION AND, IF FILED, DETERMINED


                                           IN THE DISTRICT COURT OF APPEAL
                                           OF FLORIDA
                                           SECOND DISTRICT

In the Interest of C.S. and B.M.,          ) children.                                  )
                                           )
                                           ) T.M.,                                      )
                                           )
              Appellant,                   )
                                           ) v.                                         )         Case No. 2D20-462
                                           ) DEPARTMENT OF CHILDREN AND                 ) FAMILIES and GUARDIAN AD LITEM             ) PROGRAM,                                   )
                                           )
              Appellees.                   )
                                           )

Opinion filed July 8, 2020.

Appeal from the Circuit Court for Pinellas County; Patrice W. Moore, Circuit Judge.

Kevin M. Schmitt of Schmitt Law, L.L.C., Tampa, for Appellant.

Bernie McCabe, State Attorney, and Leslie M. Layne, Assistant State Attorney, Clearwater, for Appellee Department of Children and Families.

Dwight O. Slater of Cohn Slater, P.A., Tallahassee; and Thomasina F. Moore, Statewide Guardian ad Litem Office, Tallahassee, for Appellee Guardian ad Litem Program. ROTHSTEIN-YOUAKIM, Judge.

              T.M. (the Mother) appeals the final judgment terminating her parental

rights. We affirm in all respects but remand for the trial court to correct certain

scrivener's errors in the written judgment. The Mother pointed out the errors as an

issue in her initial brief, and the Guardian ad Litem Program conceded that the proper

remedy is to remand for correction.

              The trial court terminated the Mother's parental rights based on four of the

grounds alleged in the petition seeking termination. Despite correctly addressing the

substance of each statutory ground, however, the written judgment cites the incorrect

subsections for three of the grounds. The citation to section 39.806(1)(b), Florida

Statutes (2018), should be corrected to section 39.806(1)(e)(2); the citation to section

39.806(1)(c) should be corrected to section 39.806(1)(f); and the citation to section

39.806(1)(d) should be corrected to section 39.806(1)(e)(3).

              Correcting these scrivener's errors has no substantive effect because the

trial court correctly addressed the substance of each statutory ground and made the

appropriate factual findings. See Tunstall v. Gonzalez-Tunstall, 
278 So. 3d 254
, 254 (Fla. 2d DCA 2019). Accordingly, we affirm and remand only for the correction of the scrivener's errors. See Rodriguez v. State, 
223 So. 3d 1053, 1054-55
 (Fla. 2d DCA 2017).
              Affirmed and remanded with instructions.

CASANUEVA and KELLY, JJ., Concur.


                                            -2- 

Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.