Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a general magistrate in a Florida family law case? This is a judicial officer who is appointed by the judge to receive evidence and make recommendations on a motion filed by a party. The general magistrate conducts a hearing just as a judge would. After the hearing, the general magistrate sends a report to the judge which includes findings regarding the testimony and evidence submitted by the parties and a recommendation as to how to rule on the motion. The judge can adopt the findings and recommendations unless a party objects via a motion for exceptions. In Lawson v. Bartley, 1D18-5273 (Fla. 1st DCA November 6, 2019), the mother in a Florida child custody case filed exceptions to a general magistrate’s report and an appeal ensued when her exceptions were not considered by the judge.
The parties attended a child custody hearing before a general magistrate. After the hearing, the magistrate entered a report and recommendations. The mother filed a motion for exceptions to the report on the same date the report was issued. Without considering the mother’s motion for exceptions, the trial court judge entered a final judgment adopting most of the magistrate’s recommendations. The mother appealed. While the appeal was pending, the trial court realized it had not held a hearing on the motion for exceptions and vacated its order adopting the magistrate’s report.
On appeal, the court held that while it was commendable for the trial court to attempt to address its error, it was without jurisdiction to do so because the appeal was pending. The court specifically held “Rule 12.490 of the Florida Family Law Rules of Procedure requires a hearing when a party files an exception to a general magistrate's report. Although the trial court attempted to vacate and set aside the final judgment and schedule a hearing, the trial court did not have jurisdiction to do so. See Fla. R. App. P. 9.600(a); Soles v. Soles, 536 So. 2d 367, 368 (Fla. 1st DCA 1988) (finding a trial court lacked jurisdiction to issue an order clarifying and modifying a final order for which Appellant had already filed a notice of appeal).”
Knowing the ins and outs of Florida family law court procedure is just as important as having good evidence to support your position in your case. This is why it is important to consult with a Miami family law attorney when navigating your case. Schedule a consultation to go over case strategy and to understand what rules apply to your case.