Posted by Nydia Streets of Streets Law in Florida Divorce
When a court’s oral pronouncement and its written order conflict, the oral pronouncement usually controls. This was an issue in the case Graydus v. Graydus, 4D2023-1213 (Fla. 4th DCA June 11, 2025).
The former husband appealed nine issues related to his final judgment of divorce. The appellate court only found merit in two issues: (1) the award of attorney’s fees to the former wife and (2) additional provisions regarding payment of a marital liability that were contained in the final judgment, but which conflicted with the court’s oral pronouncement on the issue.
The appellate court found there was error in the court’s determination of the former wife’s need for attorney’s fees and costs where no finding were made regarding her need. The court also noted that the former wife’s financial affidavit showed she had three times the income of the former husband and significant assets available to her. The award was therefore reversed.
The trial court orally pronounced that the former wife would reimburse the former husband for a utility bill once he provided a receipt. However, in the final judgment, the court ordered a deadline for the former husband to submit the receipt. The appellate court found this was error because it conflicted with the oral pronouncement. The court held “‘When there is conflict between the oral pronouncement and the written judgment, the oral pronouncement must control.’ Karkhoff v. Robilotta, 309 So. 3d 229, 234 (Fla. 4th DCA 2020) (citation omitted). Thus, we determine the insertion of the deadline for Husband to provide Wife with a receipt showing payment the utility bill was error.”
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