Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Sometimes after a Florida family law hearing, the court requests that each side submit a proposed order for consideration. According to Washington v. Persolve Recoveries, LLC, 2D2024-0311 (Fla. 2d DCA April 11, 2025) “Florida law does not prohibit the verbatim adoption of a party's proposed order or judgment. Bishop v. Bishop, 47 So. 3d 326, 328 (Fla. 2d DCA 2010); M.D. v. Dep't of Child. & Fam. Servs., 924 So. 2d 827, 830 (Fla. 2d DCA 2005). Reversal is required, however, when the order does not reflect ‘a thoughtful and independent analysis of the facts, issues, and law by the trial judge.’”
In this non-family law case, the trial court made no findings at a hearing on a motion for class certification, but requested both sides to submit proposed orders. The trial court signed the defendant’s proposed order denying class certification, and did not make any changes to the order. The plaintiff appealed. The appellate court concluded that under these circumstances, “[W]e cannot conclude that the trial court exercised its independent judgment in considering the merits of the parties' arguments.”
Schedule your meeting with a Miami family law attorney to understand your rights and remedies in proceeding.