CHRISTA ADKINS
v.
MICHAEL SOTOLONGO
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The Third District Court of Appeal reversed a final order approving a general magistrate's report in a family law postdecretal action because the trial court failed to hold a hearing on the mother's timely-filed exceptions before adopting the magistrate's recommendations.
The trial court abused its discretion by prematurely adopting the general magistrate's report without holding a hearing on the exceptions. When a party timely files exceptions to a general magistrate's report, the trial court must hold a hearing on those exceptions before entering a final judgment.
[1] A trial court abuses its discretion by prematurely adopting and ratifying a general magistrate's report and recommendations without conducting a hearing on timely filed e…
[2] Florida Family Law Rule of Procedure 12.490(f) requires that exceptions filed to a general magistrate's report must be heard on reasonable notice by either party or the c…
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Join FLexlaw to unlock all legal intelligence“the trial court abused its discretion by [prematurely] adopting and ratifying the general magistrate's report and recommendations without conducting a hearing”
Establishes the core holding that trial courts must hold hearings on timely-filed exceptions before adopting magistrate reports
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Join FLexlaw to unlock all legal intelligenceChrista Adkins, the mother, filed a postdecretal action against Michael Sotolongo. A general magistrate issued a report and recommendations. Adkins ti…
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PER CURIAM.
Appellant, Christa Adkins, the mother, challenges a final order approving the recommendation and report of a general magistrate in her postdecretal action against appellee, Michael Sotolongo. As Adkins timely filed exceptions, “the trial court abused its discretion by [prematurely] adopting and ratifying the general magistrate’s report and recommendations without conducting a hearing” on the same. Cazi v. Prophete, 130 So. 3d 723, 723 (Fla. 3d DCA 2014); see Fla. Fam.
L. R. P. 12.490(f) (“The general magistrate must file the report and recommendations and serve copies on all parties. The parties may file exceptions to the report within [ten] days from the time it is served on them . . . If exceptions are filed, they must be heard on reasonable notice by either party or the court.”); Gutierrez v. Gutierrez, 48 So. 3d 118, 119 (Fla. 5th DCA 2010) (“[T]he father was entitled to receive a hearing on his exceptions to the general magistrate’s report because he did timely file his exceptions.”); Simmons v. Simmons, 16 So. 3d 878, 878 (Fla. 5th DCA 2009) (“[W]e reverse because the trial court failed to hold a hearing on Husband’s timely filed exceptions to the magistrate’s report before entering the final judgment.”) (citations omitted); Burnstine v. Townley, 976 So. 2d 624, 627 (Fla. 5th DCA 2008) (“[T]he trial court erred when it denied [the father’s] exceptions without first conducting a hearing.”); Yoxsimer v. Yoxsimer, 918 So. 2d 997, 998 (Fla. 2d DCA 2006) (“Florida Family Law Rule of Procedure 12.490(f) provides that if exceptions
are filed to a general magistrate’s report, they ‘[must] be heard on reasonable notice by either party or the court.’”) (footnote omitted). Accordingly, we reverse the final order under review and remand this case to the lower tribunal to conduct an appropriate hearing forthwith on the exceptions.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Yoxsimer v. Yoxsimer, 918 So. 2d 997 (Fla. 2d DCA 2006)
- Simmons v. Simmons, 16 So. 3d 878 (Fla. 5th DCA 2009)
- Burnstine v. Townley, 976 So. 2d 624 (Fla. 5th DCA 2008)
- Gutierrez v. Gutierrez, 48 So. 3d 118 (Fla. 5th DCA 2010)
- Cazi v. Prophete, 130 So. 3d 723 (Fla. 3d DCA 2014)