TUNSTALL III v. GONZALEZ TUNSTALL (2019)

District Court of Appeal of Florida, Second District.

A. Gordon TUNSTALL, III, Appellant, v. Ashley GONZALEZ-TUNSTALL, Appellee.

Case No. 2D18-5033

Decided: August 21, 2019

Scott C. Everett, Weeki Wachee, for Appellant. Elizabeth L. Hapner of Hapner Law, Tampa, for Appellee.

A. Gordon Tunstall, III, the Husband, appeals the circuit court's nonfinal order granting the motion for temporary prospective attorney's fees filed by Ashley Gonzalez-Tunstall, the Wife, in this dissolution proceeding. We affirm in all respects except we remand for the correction of a scrivener's error in the circuit court's order.

In section 2(f) of the order, the Wife's attorney's rate is incorrectly identified as $425 per hour, even though the parties stipulated that her rate is $450 per hour. This is merely a scrivener's error and had no substantive effect because the court used the correct rate to calculate the total amount of fees awarded. Accordingly, we affirm and remand only for the correction of the scrivener's error. See Mitchell v. Mitchell, 841 So. 2d 564, 568 (Fla. 2d DCA 2003) (“Because the scrivener's error is clearly apparent from the record, we remand for the circuit court to correct the error by amended final judgment.”).

Affirmed and remanded with instructions.

KHOUZAM, Chief Judge.

KELLY and BLACK, JJ., Concur.

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