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.
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