Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

What are exceptions to a general magistrate’s report in Florida family law cases? This is essentially an appeal of the general magistrate’s findings and/or recommendations to the judge in a case. When a party files a motion for exceptions, he or she may be required to provide a transcript of the hearing that was held before the general magistrate. But the transcript is not always required, as noted in the case Jean v. Jean, 2D19-4137 (Fla. 2d DCA May 7, 2021).

A final judgment of divorce was entered in 2007 which allowed the former wife to remain in the marital home until the parties’ youngest child was no longer eligible for child support. While living in the home, the former wife would pay the mortgage, taxes and insurance. Upon the youngest child emancipating, the final judgment provided that the home would be sold and the parties would split the net proceeds of the sale, with the former wife receiving credit for the payments made for the home during her period of exclusive use and possession.

The parties’ youngest child turned 18 in August 2014. Some months later, the former husband filed a motion for contempt alleging the former wife was not cooperating in selling the home per the terms of the final judgment. Shortly thereafter, the court entered an order granting the former husband’s motion, and requiring the parties to obtain an appraisal of the home. The court further ordered that upon receipt of the appraisal, the former husband could buy out the former wife’s interest in the home, giving her credit for payments made as specified in the final judgment. Inexplicably, two more motions for contempt had to be filed against the former wife in the following few years because the house continued to remain unsold.

The third motion for contempt was referred to a general magistrate for hearing. The former husband sought an award of one-half of the rental value of the home during the period the former wife disobeyed the court’s orders to sell the home. He did not state this in his motion for contempt but he asked for this at the hearing. The general magistrate ultimately granted the former husband’s request for one-half of the fair market rental value of the home. The former wife filed exceptions to the general magistrate’s report. After the trial judge issued an order for the former wife to provide a transcript of the general magistrate hearing within 45 days, and the former wife failed to, the trial court summarily denied the former wife’s motion for exceptions. She appealed.

The appellate court noted that the rule on exceptions to a general magistrate’s report states the transcript is required “if necessary for the court's review." See Fla. R. Fam. L. P. 12.490(g). The court held “We [. . .] hold that the trial court here abused its discretion in denying the Former Wife's exceptions—and her right to a hearing—because she failed to file the transcript of the hearing before the magistrate within the forty-five days allotted and ordered by the court, where, statutorily, she may not have been required to file the transcript at all. [. . .] Where the exceptions raise pure issues of law, such as whether a magistrate's report and recommendations improperly modified the parties' property rights as previously determined by a final judgment of dissolution, a transcript would not be necessary.”

Schedule a consultation with a Miami family law attorney to determine how to proceed in your case.