R.M.L. v. DCF
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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. 2
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