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In the INTEREST OF C.S. and B.M., children. T.M., Appellant, v. Department of Children and Families and Guardian Ad Litem Program, Appellees.
T.M. (the Mother) appeals the final judgment terminating her parental rights. We affirm in all respects but remand for the trial court to correct certain scrivener's errors in the written judgment. The Mother pointed out the errors as an issue in her initial brief, and the Guardian ad Litem Program conceded that the proper remedy is to remand for correction.
The trial court terminated the Mother's parental rights based on four of the grounds alleged in the petition seeking termination. Despite correctly addressing the substance of each statutory ground, however, the written judgment cites the incorrect subsections for three of the grounds. The citation to section 39.806(1)(b), Florida Statutes (2018), should be corrected to section 39.806(1)(e)(2); the citation to section 39.806(1)(c) should be corrected to section 39.806(1)(f); and the citation to section 39.806(1)(d) should be corrected to section 39.806(1)(e)(3).
Correcting these scrivener's errors has no substantive effect because the trial court correctly addressed the substance of each statutory ground and made the appropriate factual findings. See Tunstall v. Gonzalez-Tunstall, 278 So. 3d 254, 254 (Fla. 2d DCA 2019). Accordingly, we affirm and remand only for the correction of the scrivener's errors. See Rodriguez v. State, 223 So. 3d 1053, 1054-55 (Fla. 2d DCA 2017).
Affirmed and remanded with instructions.
ROTHSTEIN-YOUAKIM, Judge.
CASANUEVA and KELLY, JJ., Concur.
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Docket No: Case No. 2D20-462
Decided: July 08, 2020
Court: District Court of Appeal of Florida, Second District.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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