Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If a party to a Florida family law case wants to challenge a general magistrate’s findings and recommendations, he or she is required to file a motion to vacate the general magistrate’s recommended order. This motion to vacate essentially operates as a motion for rehearing, according to the case Taylor v. Taylor, 2D2024-1640 (Fla. 2d DCA April 11, 2025).
The father filed a motion to vacate the general magistrate’s recommended order on child support. The trial court denied his motion, and the father then filed a motion for reconsideration of the denial instead of appealing the denial of his motion to vacate. He then filed an appeal more than 30 days after the court denied his motion to vacate. The appellate court held “Unfortunately for [the father], his motion for reconsideration was, at best, a successive motion for rehearing, which, unlike his first motion for rehearing, did not toll rendition of the December 5 judgment. [. . .] And because [the father] did not file his notice of appeal until July 15, 2024, we have no choice but to dismiss his appeal.”
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