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).

A hearing was held before the general magistrate on issues including child support. The report was served on the father, but not on his lawyer. Nonetheless, the father’s lawyer filed a motion for exceptions to the report less than 10 days after the report was served. Two days later an amended motion for exceptions was filed and the hearing transcript was also provided by the father’s counsel. Despite this, the judge entered an order ratifying the general magistrate’s report. The father appealed.

The appellate court reversed, holding “[The father’s] original exceptions to the magistrate’s report were timely filed. Rule 12.490(f) requires a party filing exceptions to a magistrate’s report do so within ten days. When a party files exceptions, they must be heard on reasonable notice by either party or the court. Finally, a transcript of the relevant proceedings must be provided to the judge forty-eight hours before that hearing. Fla. Fam. L. R. P. 12.490(g)(2). The court did not explain the basis for denying the exceptions and adopting the magistrate’s report. But the absence of the transcript at the time of filing the original exceptions is not a proper basis to deny the exceptions. Murison v. Coral Park Props., Inc., 64 So. 3d 1288, 1289-90 (Fla. 4th DCA 2011). Nor is the failure to file a transcript within a sixty-day time frame imposed by a local administrative order. Langsetmo v. Metza, 306 So. 3d 112, 114 (Fla. 4th DCA 2020).”

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