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Dolan v. Dolan

Citations: 790 So. 2d 447; 2000 Fla. App. LEXIS 12362; 2000 WL 1397289Docket: No. 3D99-1562

Court: District Court of Appeal of Florida; September 27, 2000; Florida; State Appellate Court

Narrative Opinion Summary

The appellate court affirms the trial court's final dissolution judgment, citing substantial evidence supporting the trial court’s findings, in line with precedent set in Adkins v. Adkins. However, the court identifies several scrivener's errors in the judgment that require correction upon remand: 1. The visitation schedule for the appellant/father should specify alternate weekend visitation from 6:00 p.m. Friday to 6:00 p.m. Sunday, rather than 6:00 p.m. Monday. 2. The judgment needs to be amended to indicate it was entered on February 17, 1999. 3. The appellant is required to provide a separate telephone line for the minor child to facilitate direct communication. 4. The judgment should explicitly incorporate and ratify the parties’ agreement regarding shared parental responsibility. The ruling affirms the judgment but remands for these specific corrections.

Legal Issues Addressed

Affirmation of Dissolution Judgment

Application: The appellate court upholds the trial court's final dissolution judgment, finding that there was substantial evidence supporting the trial court’s findings.

Reasoning: The appellate court affirms the trial court's final dissolution judgment, citing substantial evidence supporting the trial court’s findings, in line with precedent set in Adkins v. Adkins.

Amendment of Judgment Date

Application: The judgment must be amended to correctly indicate the date it was entered as February 17, 1999.

Reasoning: The judgment needs to be amended to indicate it was entered on February 17, 1999.

Correction of Scrivener's Errors

Application: The appellate court identifies errors in the judgment that require correction, including specifics of the visitation schedule, the date of entry, and communication provisions.

Reasoning: However, the court identifies several scrivener's errors in the judgment that require correction upon remand.

Incorporation of Shared Parental Responsibility Agreement

Application: The judgment should explicitly incorporate and ratify the parties’ agreement regarding shared parental responsibility.

Reasoning: The judgment should explicitly incorporate and ratify the parties’ agreement regarding shared parental responsibility.

Provision for Child Communication

Application: The appellant is required to provide a separate telephone line for the minor child to ensure direct communication.

Reasoning: The appellant is required to provide a separate telephone line for the minor child to facilitate direct communication.

Visitation Schedule Specification

Application: The visitation schedule for the appellant/father must be corrected to reflect alternate weekend visitation from 6:00 p.m. Friday to 6:00 p.m. Sunday.

Reasoning: The visitation schedule for the appellant/father should specify alternate weekend visitation from 6:00 p.m. Friday to 6:00 p.m. Sunday, rather than 6:00 p.m. Monday.