C.G.K., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2014-11-12
Nos. 4D13-3436, 4D13-3440, 4D13-3441, 4D13-3442, 4D13-3443, 4D13-3444
WARNER, MAY and CONNER, JJ., concur.
150 So. 3d 1203 Florida District Court of Appeal, Fourth District (2014) Positive Treatment
Cited by 4 cases
Topics
Oral Pronouncement Vs. Written Order Scrivener'S Error Violation Of Probation

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm without discussion appellant’s withheld adjudication of delinquency and delinquency disposition for violation of probation. However, we remand for the trial court to correct the written order to reflect the trial court’s oral pronouncement of disposition. At the violation of probation hearing, the trial court’s oral pronouncement was that it would withhold adjudication. However, it appears that due to a scrivener’s error, the trial court’s disposition indicates that “the child is adjudicated delinquent.” In criminal proceedings, where a trial court’s oral pronouncement is unambiguous, the oral pronouncement controls over the written order. See Briggs v. State, 936 So.2d 789 (Fla. 4th DCA 2006).

Affirmed and remanded for correction of written order.

WARNER, MAY and CONNER, JJ., concur.

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  • F.W. v. State, 214 So. 3d 690 (Fla. 4th DCA 2017)
    …rings, when the trial court does make such an oral pronouncement, and the written disposition order conflicts with the oral pronouncement, the matter is to be remanded for the trial court to correct the written disposition order. See C.G.K v. State, 150 So. 3d 1203, 1203 (Fla. 4th DCA 2014); W.S.G. v. State, 32 So. 3d 725, 726 (Fla. 2d DCA 2010). The state does not concede error, but it provides that it has no objection to a remand for correction of the disposition order. Based on the foregoing, we affirm the…
  • Alexander v. Wells Fargo Bank, N.A., 233 So. 3d 1268 (Fla. 3d DCA 2017)
    …r Alexander (collectively “Alexander”), appeal the trial court’s order dismissing their counterclaim against Wells [*1269] Fargo Bank, N.A. (“Wells Fargo”). We dismiss the appeal as taken from a non-final, non-appealable order. See Amaya v. Vazquez, 150 So. 3d 1203 (Fla. 3d DCA 2014) (citing S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97 (Fla. 1974)). On remand, Alexander may seek leave of court to file an amended answer and counterclaim, if appropriate, that complies with the Florida Rules of Civil Procedure. Se…
  • O.H. v. State (Fla. 4th DCA 2021)

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