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DAVID JAMES CONKLIN, JR. v. XIMENA PEREZ
21-0471
| Fla. Dist. Ct. App. | Jun 30, 2021
|
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*1 D ISTRICT C OURT O F A PPEAL O F T HE S TATE O F F LORIDA F OURTH D ISTRICT DAVID JAMES CONKLIN, JR., Appellant, v.

XIMENA PEREZ, Appellee.

No. 4D21-471 [June 30, 2021] Appeal of a non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Renatha Francis, Judge; L.T. Case No. 502019DR010898.

Troy W. Klein of the Law Office of Troy W. Klein, P.A., West Palm Beach, for appellant.

Michael D. Cirullo, Jr., of Goren, Cherof, Doody & Ezrol, P.A., Fort Lauderdale, for appellee.

P ER C URIAM .

Appellant David Conklin appeals the circuit court’s non-final order granting Appellee Ximena Perez’s motion for attorney’s fees in the underlying paternity proceeding. We affirm as to all issues raised but remand to correct a scrivener’s error in the circuit court’s order.

Paragraph 9 of the order, which provides a summary of Appellee’s financial affidavit, incorrectly refers to Appellee as “Respondent” rather than “Petitioner.” This is merely a scrivener’s error and has no substantive effect because the court’s ruling was based on the correct financial affidavits. See Subramanian v. Subramanian , 260 So. 3d 1075, 1076 (Fla. 4th DCA 2018).

Accordingly, we affirm and remand only for the trial court to correct the use of “Respondent” in Paragraph 9 to “Petitioner.” See Mitchell v. Mitchell , 841 So. 2d 564, 568 (Fla. 2d DCA 2003) (“Because the scrivener’s error is

1 *2 clearly apparent from the record, we remand for the circuit court to correct the error by amended final judgment.”).

Affirmed and remanded with instructions .

W ARNER , D AMOORGIAN , and K LINGENSMITH , JJ., concur.

* * * Not final until disposition of timely filed motion for rehearing.

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Case Details

Case Name: DAVID JAMES CONKLIN, JR. v. XIMENA PEREZ
Court Name: District Court of Appeal of Florida
Date Published: Jun 30, 2021
Docket Number: 21-0471
Court Abbreviation: Fla. Dist. Ct. App.
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