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

When a case is referred to a general magistrate versus a hearing officer in a Florida family law case, different procedures may apply when it comes to appealing the report or recommended order that results. This was an issue in the case Oliva v. Oliva, 3D22-745 (Fla. 3d DCA March 15, 2023).

The mother filed a petition for modification of child support and time-sharing which was referred to a hearing officer pursuant to Florida Rule of Family Law Procedure 12.491. After a hearing held before the hearing officer (who was also a general magistrate), a 4-page Report and Recommendation of General Magistrate was entered. The report included language that either party could file exceptions to the report under Florida Civil Rule of Procedure 1.490(h). The father filed timely exceptions, but the trial court entered an order ratifying the report without holding a hearing on the exceptions. The father then filed a motion to vacate the order, but the trial court denied this motion as irrelevant because the report was entered by a hearing officer rather than a general magistrate. The father appealed.

The appellate court reversed, holding “While the trial court initially referred the matter to a hearing officer, it is clear from the record that the hearing officer sat as a general magistrate and issued a general magistrate’s report pursuant to rule 12.490. Once the trial court adopted the findings and recommendations of the general magistrate’s report, it was bound by rule 12.490. Moreover, its adoption of the report meant it adopted the report’s language regarding exceptions to which the Father was allowed to rely on. This notice necessarily involves due process concerns. To adopt and ratify a general magistrate’s recommendation and report and all its findings including notice that one may file exceptions within fifteen days and later move the goal post and call the report a hearing officer’s report falls short of due process concerns. It is undisputed that the Father timely filed exceptions to the general magistrate’s report pursuant to rule 12.490(f). Hence, it was error for the trial court to decline to hold a hearing on them.”

Discuss your case with a Miami family law attorney to understand how the law may apply to your specific facts.