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

When a general magistrate is appointed to preside over a family law case hearing, this triggers procedural requirements. First, all parties must usually consent to have a general magistrate hear the case. Once the hearing occurs, if a party wishes to challenge the general magistrates conclusions, that party must file the appropriate motion within ten days. This was an issue in the case Polo v. Hernandez, 3D21-2179 (Fla. 3d DCA April 6, 2022).

In 2019, a hearing was held before the general magistrate in the parties’ paternity case. This was a post-judgment action. Within 10 days of the general magistrate entering and serving a report and recommendations, the father filed a motion for exceptions to challenge the report. Despite this, the judge entered an order ratifying the general magistrate’s report and recommendations, citing that no exceptions to the report had been filed within the required 10 days. The father appealed this order.

The appellate court reversed, noting the mandatory nature of holding a hearing on a timely motion for exceptions before an order ratifying the report is entered. It held “In the case before us, the Father’s attorney timely filed his exceptions to the magistrate’s report. No hearing on those exceptions was scheduled prior to the trial court adopting the magistrate’s report, and neither the record on appeal nor the lower court docket reflect that a hearing on the Father’s exceptions took place. This was error. The trial court erred not only by mistakenly stating that there were no exceptions filed, but also in failing to require a hearing on the matter prior to ratifying the magistrate’s report, and by denying the Father’s motion to vacate the flawed order. Although the relevant pleadings are now over two years old, the Father is entitled to a hearing on his exceptions to the magistrate’s report. Due process considerations lead to this result.”

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