MELISSA LYNN MURPHY
v.
LACY AUSTIN RAY HUTCHENS

Fla. 5th DCA | 2020-09-04
No. 20-0061
Blackburn, J., Cohen, J., Harris, J., Traver, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

When a party fails to file exceptions to a magistrate's report and recommendation, appellate review is limited to errors apparent on the face of the order, and absent such apparent errors, the trial court's approval of the report is affirmed.

Headnotes

[1] When a party fails to file exceptions to a magistrate's report and recommendation, appellate review is limited to errors that appear on the face of the order.

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Facts & Procedural History

Melissa Murphy appealed an order approving a general magistrate's report and recommendation regarding timesharing and parenting plan in a paternity ca…

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Topics
Exceptions To Magistrate'S Report Parenting Plan Timesharing Paternity Action

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Opinion of the Court
Traver

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

MELISSA LYNN MURPHY,

Appellant,

v. Case No. 5D20-61

LACY AUSTIN RAY HUTCHENS,

Appellee.

________________________________/

Opinion filed September 4, 2020

Appeal from the Circuit Court for Volusia County, Elizabeth A. Blackburn, Judge.

Melissa L. Murphy, Oviedo, pro se.

No Appearance for Appellee.

PER CURIAM.

In this paternity case, Melissa Murphy appeals an order approving the report and recommendation (“R & R”) of the general magistrate regarding timesharing and the parenting plan. It is undisputed that Appellee, Lacy Hutchens, is the natural father of D.H. In Murphy’s pro-se brief, she purports to allege error on behalf of the trial judge; she also complains that both attorneys who represented her in the underlying action were incompetent and that the general magistrate was unprofessional. Murphy further contends that the trial court’s order approving the R & R contains error.

AFFIRMED.

COHEN, HARRIS and TRAVER, JJ., concur.

Footnotes
2 Murphy did not file exceptions to the magistrate’s R & R; as a result, our review is limited to errors that exist on the face of the order. See Torres v. Torres, 98 So. 3d 1171, 1172 (Fla. 2d DCA 2011) (finding that, despite husband’s failure to file exceptions that addressed meritorious argument on appeal, trial court reversibly erred in approving recommendation because errors existed on face of magistrate’s report); see also French v. French, 12 So. 3d 278, 279–80 (Fla. 5th DCA 2009) (determining that although exceptions were untimely, trial court reversibly erred in failing to correct errors apparent on face of magistrate’s report). Having reviewed the order and finding no apparent errors, we affirm.

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