IN RE: G.J. VS

Fla. 5th DCA | 2020-08-07
No. 20-1317
Kraynick, J., Evander, C.J., Wallis, J., Lambert, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

A trial court must amend a final adoption judgment to correct a clerical error committed by oversight or omission under Florida Family Law Rule of Procedure 12.540(a).


Headnotes

[1] A clerical error in a final adoption judgment committed by oversight or omission may be corrected by amendment under Florida Family Law Rule of Procedure 12.540(a).

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Facts & Procedural History

Appellants sought to amend the final judgment of adoption for G.J. by filing an amended motion to amend, which the trial court denied. The appellants …

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Opinion of the Court
Evander

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

IN RE: G.J.,

Appellants,

Case No. 5D20-1317 ________________________________/

Opinion filed August 7, 2020

Nonfinal Appeal from the Circuit Court for Osceola County, Michael Kraynick, Judge.

Flavio

E.

Alvarez, Kissimmee, for Appellants.

PER CURIAM.

Appellants timely challenge the trial court’s nonfinal order denying their amended motion to amend the final judgment regarding their adoption of G.J.1 Our review here is de novo. See S2 Global, Inc. v. Tactical Operational Support Servs., LLC, 119 So. 3d 1280, 1282 (Fla. 4th DCA 2013) (“Where the question concerns a trial court’s interpretation of the Florida Rules of Civil Procedure . . . that question is one of pure law and is reviewed de novo.”).

Concluding that a clerical error under Florida Family Law Rule of Procedure 12.540(a) was committed by either oversight or omission when the final judgment of

REVERSED and REMANDED with directions.

EVANDER, C.J., WALLIS and LAMBERT, JJ., concur.

Footnotes
1 We have jurisdiction. See Fla. R. App. P. 9.130(a)(5).
2 adoption was first entered, we reverse the order under review and remand to the trial court with directions to amend the final judgment of adoption consistent with the relief requested by Appellants in their amended motion.

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