Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
There are strict deadlines for appealing a general magistrate’s ruling in a Florida family law case. The appeal is known as a motion to vacate a recommended order. Failure to timely file this motion may mean the recommended order remains valid. This was an issue in the case White v. Morris, 1D22-1597 (Fla. 1st DCA March 22, 2023).
In this case, the mother filed a petition to modify parental responsibility and for relocation. Both were denied in a recommended order by the general magistrate. The mother did not file a motion to vacate the recommended order pursuant to the rules of procedure. When the order was ratified, she appealed.
The appellate court affirmed the order, holding “The Appellant was informed by the magistrate both verbally in court and in the recommended order of the requirement to file a motion to vacate within ten days if she wished to challenge the recommended order. See Fla. Fam. L. R. P. 12.490(e). The then pro se Appellant did not do so. Nor did she file any exceptions to the magistrate’s recommendation as allowed under the superseded rule.”
So that you do not miss important deadlines in your case, speak with a Florida family law attorney to understand the how the rules apply to your case.