N.G. v. DCF

Opinion

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

N.G., MOTHER OF G.R. AND J.M., CHILDREN,

Appellant,

v. Case No. 5D16-1968

DEPARTMENT OF CHILDREN AND FAMILIES,

Appellee.

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Opinion filed September 29, 2016

Appeal from the Circuit Court for Orange County, Timothy R. Shea, Judge.

David B. Falstad, Winter Park, for Appellant.

Rosemarie Farrell, of Children's Legal Services, Orlando, for Appellee.

Richard S. Dellinger, of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., as Guardian ad Litem, Appellee.

PER CURIAM.

N.G. ("Appellant") appeals the trial court's entry of a final judgment terminating the

parental rights to her children, G.R. and J.M. Appellant argues, and the Florida

Department of Children and Families (“Appellee") concedes, that the final judgment terminating Appellant’s parental rights does not contain the findings of fact required by

law. See § 39.811(5), Fla. Stat. (2016) ("If the court terminates parental rights, the court

shall enter a written order of disposition briefly stating the facts upon which its decision to

terminate the parental rights is made.").

This Court has carefully reviewed the record on appeal and noted that the trial

transcript includes a detailed and thoughtful oral pronouncement by the trial court, which

sets forth findings of fact, evaluations of witness credibility, as well as explanations of the

court's findings and conclusions of law. Section 39.811(5), however, requires the written

order to state the facts upon which the trial court’s ruling is based. The final judgment

entered in this case contains conclusions of law that are supported by the trial court’s oral

statement of facts; however, the judgment does not adequately set forth the findings of

fact. Accordingly, we remand for the trial court to enter an amended final judgment within

twenty days of the date of this opinion that includes its findings of fact along with its

previously stated conclusions of law and rulings.

REVERSED AND REMANDED WITH INSTRUCTIONS.

EVANDER, LAMBERT and EDWARDS, JJ., concur.