IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
R.M.L., MOTHER OF R.L.
and V.L., CHILDREN,
Appellant,
v.
Case No. 5D14-2556
DEPARTMENT OF CHILDREN AND FAMILIES,
Appellee.
________________________________________/
Opinion filed October 1, 2014.
Appeal from the Circuit Court
for Orange County,
Thomas W. Turner, Judge.
H. Kyle Fletcher, Jr., of Fletcher Law
Firm, Oviedo, for Appellant.
Rosemarie Farrell, Appellate Counsel,
Orlando, Department of Children and
Families, for Appellee.
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 children 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.
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