A. GORDON TUNSTALL, III
v.
ASHLEY GONZALEZ-TUNSTALL
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A trial court's award of temporary prospective attorney's fees in a dissolution action is affirmed where the correct hourly rate was used in calculating the total fees despite a scrivener's error in the written order.
[1] A scrivener's error in a trial court's order that does not affect the substantive calculation of awarded attorney's fees may be corrected on remand without affecting the…
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Join FLexlaw to unlock all legal intelligence“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.”
Court citing Mitchell v. Mitchell for the appropriate remedy when a scrivener's error is apparent from the record.
In a dissolution proceeding, the wife filed a motion for temporary prospective attorney's fees. The parties stipulated that the wife's attorney's hour…
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
A. GORDON TUNSTALL, III, ) ) Appellant, ) ) v. ) Case No. 2D18-5033 ) ASHLEY GONZALEZ-TUNSTALL, ) ) Appellee. ) ___________________________________)
Opinion filed August 21, 2019.
Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Hillsborough County; Wesley D. Tibbals, Judge.
Scott C. Everett, Weeki Wachee, for Appellant.
Elizabeth L. Hapner of Hapner Law, Tampa, for Appellee.
KHOUZAM, Chief Judge.
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.
KELLY and BLACK, JJ., Concur.
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Citator
Cited By
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T.V. v. Dep't of Child. & Families (Fla. 5th DCA 2021)
-
T. M. v. Dept. of Child. & Families (Fla. 2d DCA 2020)…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. CASANUEVA and KELLY, JJ., C…
Authorities Cited
- Franz Edward Mitchell v. Mitchell, 841 So. 2d 564 (Fla. 2d DCA 2003)