Posted by Nydia Streets of Streets Law in Florida Child Custody
Parties to a Florida family law proceeding have the right to have court reporter appear at and record a hearing. This is often important to do in order to preserve a party’s appellate rights. Without a transcript of the trial court’s proceedings, an appellate court may not be able to determine if an error was committed. This is illustrated in the case Posso v. Sierra, 5D20-578 (Fla. 5th DCA February 12, 2021).
The parties were involved in a paternity proceeding. The father sought equal time-sharing and the mother filed a petition for relocation. In mediation, the parties entered a parenting plan that provided for two different parenting plans depending on if the mother would be allowed to relocate out of state. Several months later, the mother filed a motion for entry of judgment on the plan, and the father objected, requesting a trial date and contending the mother had not followed the plan. Ultimately, a trial was held without objection from either party, and the mother appealed, arguing the case had been referred to the general magistrate so the judge had no authority to enter the final judgment. She also appealed several other matters in the final judgment.
Addressing the mother’s argument that the trial judge had no jurisdiction to hear the matter because it had been referred to the general magistrate, the appellate court held “We recognize that once a matter has been heard by a magistrate and evidence taken, a judge is not allowed to substitute his or her judgment for that of the magistrate. [internal citations omitted] However, that does not divest the circuit court of jurisdiction, nor is this a case where the trial court substituted its judgment for that of a magistrate who had heard the evidence. [. . .] After fully participating in the trial, [the mother] cannot, after what she perceived as an unfavorable result, then raise a procedural objection in a motion for rehearing."
Ultimately the appellate court upheld the trial court’s final judgment on all but three issues - the lack of child support guidelines, the failure to address retroactive support and the requirement that the parties return to mediation once their child entered middle school and high school. Schedule a consultation with a Miami family law attorney to go over how the law may apply to your case.