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reversing the verbatim adoption of the proposed final judgment where the trial court did not make any oral findings and the trial court signed the order the day the proposed order was submitted
Summary of this case from White v. Fort Myers Beach Fire Control Dist.Opinion
No. 2D03-5781.
October 27, 2004. Rehearing Denied December 6, 2004.
Appeal from the Circuit Court for Pinellas County; Robert James Morris, Jr., Judge.
Frank D.L. Winstead of Winstead Law Offices, New Port Richey, for Appellant.
Bernie McCabe, State Attorney, and Kerya Koeut, Assistant State Attorney, Clearwater, for Appellee.
The Mother, E.T., appeals the termination of her parental right to D.T. and B.T. We reverse.
The problem in this case is that the trial court failed to make any findings of fact or conclusions of law. The twelve-page final judgment terminating the Mother's parental rights was submitted by counsel for the Department of Children and Family Services (DCF). It was signed by the trial court on the day it was submitted. The only changes were nonsubstantive. Perlow v. Berg-Perlow, 875 So.2d 383 (Fla. 2004), has cautioned against such conduct. See also Walker v. Walker, 873 So.2d 565 (Fla. 2d DCA 2004).
DCF, in an attempt to distinguish Perlow, argues that Perlow only applies to family law matters and that the final judgment was only twelve pages in length. These assertions are rejected.
In Perlow v. Berg-Perlow, 875 So.2d 383 (Fla. 2004), the final judgment was twenty-five pages.
We take no position on the merits of this appeal but are compelled to reverse the final judgment and remand for a new hearing.
Reversed and remanded.
FULMER and VILLANTI, JJ., Concur.