N.G. v. Department of Children & Families

District Court of Appeal of Florida

N.G. v. Department of Children & Families

200 So. 3d 237, 2016 Fla. App. LEXIS 14633, 2016 WL 5479002

CourtDistrict Court of Appeal of Florida

DecidedSeptember 29, 2016

DocketNo. 5D16-1968

StatusPublished

This text of 200 So. 3d 237 (N.G. v. Department of Children & Families) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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N.G. v. Department of Children & Families, 200 So. 3d 237, 2016 Fla. App. LEXIS 14633, 2016 WL 5479002 (Fla. Ct. App. 2016).

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Opinion

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 § 89.811(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.

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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 § 89.811(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.

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Bluebook (online)

200 So. 3d 237, 2016 Fla. App. LEXIS 14633, 2016 WL 5479002, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ng-v-department-of-children-families-fladistctapp-2016.