D.M. v. State
| Decision Date | 01 March 1991 |
| Docket Number | No. 90-1651,90-1651 |
| Parties | 16 Fla. L. Weekly 612 D.M., a Child, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Barbara M. Linthicum, Public Defender, David A. Davis, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., Laura Rush, Asst. Atty. Gen., for appellee.
This is an appeal from a final order in which the appellant was adjudicated delinquent. The appellant was charged with breaking and entering a residence and grand theft while he was still eighteen years old. An adjudicatory hearing was held, at the conclusion of which the state was found to have met its burden of proof as to both charges. The court, without adjudicating the child delinquent or withholding adjudication, set a disposition hearing for five days after the juvenile was to reach the age of nineteen. An emergency motion to terminate jurisdiction was filed by the appellant after his nineteenth birthday. The court found that even though the juvenile was not formally adjudicated prior to his nineteenth birthday, the findings which the court had made at the conclusion of the trial could be considered an adjudication of the offenses charged. The court then found it had jurisdiction to adjudicate the child delinquent nunc pro tunc to the date of the trial.
Section 39.02(4), Florida Statutes (1989), states that Chapter 39 jurisdiction is terminated when the juvenile reaches nineteen years of age. It is well-settled that such jurisdiction ceases when the individual reaches majority. See In the Interest of B.P., a child, 538 So.2d 73 (Fla. 4th DCA 1989); In the Interest of C.L.D., a child, 464 So.2d 1264 (Fla. 1st DCA 1985); State of Florida v. A.N.F., a child, 413 So.2d 146 (Fla. 5th DCA 1982).
Nunc pro tunc orders are issued to correct clerical mistakes or refer to judicial acts which memorialize a previously taken judicial act. Further, when applied to the entry of a legal order, the nunc pro tunc order generally refers to the trial judge's previous action for which there is an insufficient record but not to a new or de novo decision. Whack v. Seminole Memorial Hospital, 456 So.2d 561 (Fla. 5th DCA 1984). In Erlacher v. Erlacher, 289 So.2d 459, 460 (Fla. 4th DCA 1974), the court stated:
The term "nunc pro tunc" is defined by Black's Law Dictionary, Third Edition, P. 1267, as follows:
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