Dependency Law Finder

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

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R.M.L. v. Department of Children & Families147 So. 3d 1108 (Fla. 5th DCA 2014) · 5D14-2556

Court
5th DCA
Decided
2014-10-01
Case
Dependency
Appellant
Mother

Reversed & remanded Written order adjudicating the children dependent conflicted with the oral ruling withholding adjudication; remanded to conform the order to the oral pronouncement.

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.

On CourtListener
WALLIS, J.

R.M.L., mother of R.L. and V.L., appeals the trial court’s order entering an adjudication of dependency and finding the *1109children dependent. R.M.L. argues only that the written order does not reflect the trial court’s oral ruling, which withheld adjudication of dependency but found the children dependent. We agree. B.C. v. Dep’t of Child. & Fams., 864 So.2d 486, 488-89 (Fla. 5th DCA 2004) (“Where there is a difference between the court’s oral pronouncement and its written order, the oral pronouncement controls.” (citing D.F., Jr. v. State, 650 So.2d 1097 (Fla. 2d DCA 1995))). The transcript clearly reflects the trial court’s ruling that it was withholding adjudication and finding the children dependent. Accordingly, we remand the matter with instructions to conform the written order to the trial court’s oral pronouncement.

REVERSED and REMANDED.

PALMER and ORFINGER, JJ., concur.

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