JEFFREY LANCE BUTLER, FATHER, APPELLANT,
v.
STEPHANIE HALL F/K/A STEPHANIE BUTLER, MOTHER, APPELLEE
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The appellate court reversed a trial court's written judgment regarding timesharing of minor children because it was inconsistent with the trial court's oral pronouncement, requiring the judgment to be conformed to the oral ruling.
A written judgment regarding timesharing must be reversed and remanded for conformity when it is inconsistent with the trial court's oral pronouncement on the same issue.
[1] A written judgment regarding child timesharing must be reversed and remanded when it is inconsistent with the trial court's oral pronouncement, and the trial court must c…
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Join FLexlaw to unlock all legal intelligence“Reversal is required where a written judgment is inconsistent with a trial court's oral pronouncement.”
The court stated the legal standard for when reversal is necessary due to inconsistency between written and oral rulings.
Jeffrey Lance Butler appealed a non-final order granting his petition for modification of timesharing with three minor children. The trial court orall…
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Appellant, Jeffrey Lance Butler, appeals a non-final order granting his petition for modification and argues in part that the trial court’s written judgment as to the parties’ timesharing schedule with their three minor children is inconsistent with the trial court’s oral pronouncement on this issue. We agree and reverse as to this issue.
The trial court clearly stated during the hearing addressing the petition that Appel-lee, Stephanie Hall, was to have the children every Wednesday night and every other weekend. However, in its written judgment, the trial court also gave Appel-lee an alternating Thursday night and found that Appellant would have fifty-eight percent of the overnights with the children throughout the year and that Appellee would have forty-two percent of the overnights. Reversal is required where a written judgment is inconsistent with a trial court’s oral pronouncement. See Judkins v. State, Dep’t of Revenue, 84 So.3d 462, 462-63 (Fla. 4th DCA 2012); Brewer v. Brewer, 3 So.3d 432, 433 (Fla. 2d DCA 2009); Gallardo v. Gallardo, 593 So.2d 522, 524 (Fla. 3d DCA 1991). We, therefore, reverse the written judgment as to the timesharing issue and remand with instructions that the trial court conform the judgment to its oral pronouncement as to this issue and correct the percentages for the parties’ overnights with the children. We find no merit in Appellant’s other arguments on appeal.
*993AFFIRMED in part; REVERSED in part; and REMANDED with instructions.
LEWIS, C.J., BENTON and WETHERELL, JJ., concur.
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Saucier v. Nowak, 200 So. 3d 1298 (Fla. 5th DCA 2016)…allow Saucier to video chat with the child daily. However, the trial court’s written judgment contained no videoconferencing schedule. Reversal is required when a trial court’s oral pronouncements conflict with its written judgment. Butler v. Hall, 118 So. 3d 992, 992 (Fla. 1st DCA 2013). Because of the discrepancy between the trial court’s oral pronouncements and its written judgment, we remand this issue to the trial court with instructions to amend the final judgment and include a schedule for daily video…
Authorities Cited
- Gallardo v. Gallardo, 593 So. 2d 522 (Fla. 3d DCA 1991)
- Brewer v. Brewer, 3 So. 3d 432 (Fla. 2d DCA 2009)
- Judkins v. State, 84 So. 3d 462 (Fla. 4th DCA 2012)