Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A general magistrate’s recommended order in a Florida family law case can be reviewed by the judge presiding over the case if a party timely files a motion to vacate the recommended order. What standard does the judge use to determine if the recommended order should be vacated? This was an issue in the case Rodriguez v. Gonzalez, 3D25-0551 (Fla. 3d DCA July 9, 2025).
After a hearing before the general magistrate, the mother moved to vacate the general magistrate’s recommended order. The judge reviewed the recommended order and vacated it finding that there was a lack of competent substantial evidence to support certain factual findings as well as incorrect application of legal standards. The father moved for reconsideration citing Fla. Fam. L. R. P. 12.490(e)(3). which states the court “must enter the order promptly unless the court finds that the recommended order is facially or legally deficient.” The trial court then vacated its order vacating the recommended order and found that the order was not facially or legally deficient but reaffirming the rationale of its original order. The mother appealed.
The appellate court noted “This court has explained that if ‘exceptions to the magistrate’s report have been filed, a trial court reviews the record to determine whether the magistrate’s factual findings and conclusions are supported by competent substantial evidence, and whether the magistrate’s legal conclusions are clearly erroneous or whether the magistrate misconceived the legal effect of the evidence.’ [internal citation omitted].” The court concluded “Here, the trial court’s order on the motion for reconsideration, which reaffirmed the rationale of the original order sustaining the objections, suggests it may have used too deferential a standard. We therefore reverse and remand for consideration of the correct standard to evaluate the motion to vacate the magistrate’s report and recommendation. We take no position on the ultimate outcome.”
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