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

When a hearing is held before a general magistrate in a Florida family law case, a recommended order is entered. If a party disagrees with the recommended order, that party may file a motion to vacate the recommended orders within a certain timeframe. This was an issue in the case Valcarcel v. Valcarcel, 4D22-3257 (Fla. 4th DCA May 31, 2023).

In their pending divorce case, a hearing was held before the general magistrate on a motion for temporary time-sharing and child support. The husband timely moved to vacate the orders entered on these issues, and three days later, the court entered an order adopting the recommended order without holding a hearing on the husband’s motion to vacate. The husband appealed.

The appellate court reversed, holding “Hearings on motions to vacate under rules 12.490 and 12.491 are intended to protect the opposing party’s due process rights and are mandatory. Oliva v. Oliva, 357 So. 3d 1266, 1268 (Fla. 3d DCA 2023). Accordingly, the orders adopting the recommended orders of the general magistrate and hearing officer are reversed and remanded for further proceedings.”

Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.