KATHLEEN SARAH CASWELL, A/K/A KATHLEEN SARAH DUNN, APPELLANT,
v.
MICHAEL RAYMOND CASWELL, APPELLEE

Fla. 2d DCA | 1996-05-24
No. 95-03006
PARKER, A.C.J., and QUINCE, J., concur.
674 So. 2d 861 Florida District Court of Appeal, Second District (1996) Positive Treatment
Cited by 26 cases

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Synopsis

Kathleen Dunn appealed a final judgment denying her supplemental counterclaim for custody, child support, and attorney's fees in a family law dispute. The Florida appellate court reversed and remanded for a new hearing based on a sixteen-month delay between the hearing and entry of judgment, which constituted an excessive delay requiring reversal.


Holding

The court held that the sixteen-month delay between the hearing and entry of judgment requires reversal and a new hearing. The court further held that the discrepancy between the final judgment and the oral pronouncement, specifically the retained jurisdiction over attorney's fees not announced at trial, constitutes material differences warranting a new hearing.


Headnotes

[1] An excessive delay between a final hearing and the entry of a final judgment requires reversal.

[2] A sixteen-month delay between a hearing and the entry of a final judgment, coupled with inconsistencies between the oral pronouncement and the final judgment, warrants a…

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Key Quotes

“it is the duty of the trial court to rule upon and announce an order or judgment within a reasonable time”

Establishes that the trial court bears responsibility for timely entry of judgment, not the parties.

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Facts & Procedural History

Dunn filed a supplemental counterclaim against Michael Caswell requesting custody of children, termination of her child support obligation, child supp…

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Opinion of the Court
WHATLEY, Judge.

WHATLEY, Judge.

The appellant, Kathleen Sarah Dunn, challenges a final judgment denying her supplemental counterclaim filed against the appel-lee, Michael Raymond Caswell. Dunn raises several issues on appeal. Because we agree with Dunn’s assertion that the sixteen-month delay between the hearing on her petition and the entry of the final judgment requires a new hearing, we do not reach the other issues.

In her supplemental counterclaim, Dunn requested custody of the children, termination of her obligation to pay child support, child support from Caswell, and attorney’s fees and costs. The hearing on Dunn’s counterclaim was held on February 3, 1994. However, the final judgment was not entered until June 12, 1995.

Courts have consistently held that an excessive delay in the entry of a final judgment requires reversal. In McKenzie v. McKenzie, 672 So. 2d 48 (Fla. 1st DCA 1996), the court held that a twelve-month delay between the final hearing and the entry of the final judgment in a marriage dissolution case required a new trial. The McKenzie court noted that inconsistencies in the final judgment indicated that the trial court may not have recalled the evidence presented at the hearing. See Tunnage v. Bostic, 641 So. 2d 499 (Fla. 4th DCA 1994) (seven-month delay between the trial and the entry of the final judgment required new trial where the final judgment was confusing and contradictory in its provisions); Polizzi v. Polizzi, 600 So. 2d 490 (Fla. 5th DCA 1992) (a three-month delay in the entry of the final judgment in a marriage dissolution case mandated a new final hearing where the final judgment differed from some of the oral pronouncements).

Here, Caswell argues that it was partially Dunn’s responsibility to attempt to compel the entry of the final judgment. We reject this argument and note that, pursuant to Florida Rule of Judicial Administration 2.050(f), it is the duty of the trial court to rule upon and announce an order or judgment within a reasonable time. We conclude that it remains the trial court’s duty to ensure the prompt entry of such judgment in instances where it gives specific directions to one of the attorneys to prepare a judgment after the evidence is in and its decision is made.

The Fifth District addressed a similar issue in Falabella v. Wilkins, 656 So. 2d 256 (Fla. 5th DCA 1995). In Falabella,, the trial court entered a written order sixteen months after trial in a custody dispute case. The court held,

We find this type of delay in decision-making in a case involving child custody indefensible and intolerable. If there is any case in which prompt disposition is vital, it is one where custody and the best interest of a child are at issue.

... To affirm a custody decision orally announced fourteen months after the evidentiary hearing because there is evidence to support the decision (even though there is abundant contrary evidence) deprives the litigants, and most importantly the child, of any assurance that the child’s best interest was thoughtfully considered.

656 So. 2d at 257.

In the present case, there was a sixteen-month delay in the entry of the final judgment. Further, the final judgment was inconsistent with the oral pronouncement. The final judgment retained jurisdiction to determine attorney’s fees and costs. This ruling was not pronounced, at the final hearing, and therefore, this provision of the final judgment is materially different from the oral pronouncement. See Frisard v. Frisard, 497 So. 2d 885 (Fla. 4th DCA 1986). Consequently, we conclude that the delay in the filing of the final judgment and the discrepancy between the final judgment and the oral pronouncement warrant a new hearing. Accordingly, the judgment is reversed, and the case is remanded for a new final hearing on Dunn’s supplemental counterclaim.

PARKER, A.C.J., and QUINCE, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (14 total)

  • Walker v. Walker, 719 So. 2d 977 (Fla. 5th DCA 1998)
    …cause of the first point. We comment on the other points in order to expedite the handling of this already too delayed and over-litigated case. An excessive delay between a trial and entry of final judgment may require reversal. Caswell v. Caswell, 674 So. 2d 861 (Fla. 2d DCA 1996). Florida Rule of Judicial Administration 1.050(f) provides: (f) Duty to Rule within a Reasonable Time. Every judge has a duty to rule upon and announce an order or judgment on every matter submitted to that judge within a reasona…
  • Busch v. Busch, 762 So. 2d 1010 (Fla. 2d DCA 2000)
    …ppeal from the final judgment of dissolution. Based on %e length of time that has passed since the final hearing, a new trial on the issue of .custody of the three minor children (one child is no longer a minor) is required. See Caswell v. Caswell, 674 So. 2d 861 (Fla. 2d DCA 1996). The trial court can then resolve pending issues as to the parties’ fitness as parents and determine the best interests of the children. Reversed and remanded. THREADGILL, A.C.J., and WHATLEY, J., Concur. . The trial court ente…
  • McGOLDRICK v. McGOLDRICK, 940 So. 2d 1275 (Fla. 2d DCA 2006)
    …ent. See Locke v. Locke, 882 So. 2d 971, 972 (Fla. 2d DCA 2002) (“In addition to creating anxiety and expense, a delay in the entry of an order can cause inaccuracies to creep into the final judgment, warranting a new hearing.”); Caswell v. Caswell, 674 So. 2d 861 (Fla. 2d DCA 1996) (finding that sixteen-month delay required a new trial where judgment materially differed from oral pronouncement); Donn v. Donn, 733 So. 2d 581 (Fla. 4th DCA 1999) (reversing based upon inconsistencies between judgment and eviden…

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