Miami family law attorney blog
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General Magistrate
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What can I do if I do not agree with the recommended order of the general magistrate in my family law case? This is a question asked by many who have had their case heard by a magistrate and are wondering what to do if the findings contained in the recommended order are inaccurate. This was an issue in the case Gatchell v. Kryvosheia, 5D22-2010 (Fla. 5th DCA September 1, 2023).
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).
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).
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).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a matter is heard by and ruled on by a general magistrate in a Florida divorce case, there are certain procedures that must be followed to challenge the general magistrate’s findings and recommendations. These must be raised within a certain period of time. Failure to challenge the general magistrate’s rulings correctly and timely may result in relief being denied. This was an issue in the case Edwards v. Alphonse, 4D21-2910 (Fla. 4th DCA August 31, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a ruling of a general magistrate be appealed in a Florida family law case? A party who disagrees with a general magistrate’s findings and recommended order can file a motion to have the judge review the the findings and recommendations, and this must be done by a certain deadline. However, the fact that a party disagrees with the conclusions reached by the general magistrate is generally not enough to sustain a challenge to those conclusions. This was an issue in the case Figueroa v. Kossiver, 5D21-1963 (Fla. 5th DCA April 8, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party does not agree with findings or recommendations made by a general magistrate in a Florida family law case, what can be done? According to rules of procedure, a party must object to a general magistrate’s report within 10 days by filing a motion for exceptions, in which case the judge presiding over the case will hold a hearing to review the exceptions to the report. This was an issue in the case Fletcher v. McCulloch, 4D21-2708 (Fla. 4th DCA March 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is an order of referral to a general magistrate in a Florida family law case? This is an order issued by the judge in the case which refers a motion or petition to a general magistrate for a hearing. A general magistrate is what is known as a hearing officer - he or she is not a judge, but presides over a hearing, reviews evidence and testimony, and makes a recommendation to the judge about how to rule on the motion or petition. The judge then ratifies the recommendation if there are no timely objections from either party. An order entered based on a general magistrate’s recommendation was the subject of an appeal in the case Toledano v. Garcia, 3D21-85 (Fla. 3d DCA February 9, 2022).
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).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What happens when a party objects to a referral to the general magistrate in a Florida family law case? In order for a general magistrate to hear a case, all parties must consent to the referral. This issue arose in the case Humphrey v. Humphrey, 1D18-752 (Fla. 1st DCA May 8, 2020).
