IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
JAMES L. HENSON, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D15-5202
JENIECE CARTER-HENSON,
Appellee.
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Opinion filed March 7, 2017.
An appeal from the Circuit Court for Clay County.
Dan Wilensky, Judge.
Gerald L. Wilkerson of Gerald Wilkerson, P.A., Jacksonville, for Appellant.
Lawrence C. Datz of Datz & Datz, P.A., Jacksonville, for Appellee.
PER CURIAM.
The appellant/former husband raises four issues in this appeal from a final
judgment modifying the parties’ consent final judgment of dissolution of marriage
and parenting plan. We affirm the final judgment on appeal in all respects, but write
to address the former husband’s Issue IV, in which he argues the trial court erred by
not conforming its rulings in the final judgment to the evidence and its oral
pronouncements specifically with regard to the temporary nature of the long-
distance guidelines imposed as well as how the child was to be exchanged between
the appellee/former wife and the stepmother. On these points, we agree. However,
the former husband’s argument that the trial court stated it would take his time
sharing suggestion (“Option 3”) into consideration and then failed to include any
mention of it in the written final judgment is without merit. The trial court’s remark
that it would take Option 3 into consideration was not a ruling.
Accordingly, we REVERSE and REMAND with instructions to conform the
written final judgment to the trial court’s oral pronouncements.
ROBERTS, C.J., LEWIS and RAY, JJ., CONCUR.
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