Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

When a motion to vacate a recommended order of a general magistrate is filed in a Florida family law case, what are the rules concerning the transcript of the hearing being reviewed? This was an issue in the case Rodriguez v. Rodriguez, 5D2025-0040 (Fla. 5th DCA May 1, 2026).

In this Florida divorce case, the general magistrate conducted the final hearing in the case. The former husband timely moved to vacate the general magistrate’s recommended order. The hearing before the magistrate took place over four days - the former husband provided transcripts of all but one of the hearing dates. On the date his hearing was scheduled on his motion to vacate, the court abruptly cancelled the hearing and summarily denied the motion, citing the missing transcript. After his motion for reconsideration was denied, the former husband appealed.

The appellate court noted as to the Fla. R. Fam. L. P. 12.490(f) transcript requirement: “[A]bsent waiver, the movant must provide either the full transcript of all proceedings before the magistrate or notice that only a partial record would be submitted: [, , ,].” The court concluded “While an incomplete record may have ultimately doomed his claims, it was reversible error for the trial court to summarily deny the motion after Former Husband timely filed the motion, scheduled a hearing date, and provided most of the transcripts of the proceeding held before the magistrate. While Former Husband neglected to submit all the trial transcripts, the trial court also failed to assess whether he may have substantially complied with the rule. See Fla. Fam. L. R. P. 12.490(f) (‘For the purpose of the hearing on a motion to vacate, a record, substantially in conformity with this rule, must be provided to the court by the party seeking review for the court’s review.’ (emphasis added)). [. . .] The trial court reversibly erred in summarily denying Former Husband’s motion to vacate based solely on his failure to submit all trial transcripts. Thus, we reverse the denial of the motion and remand for further proceedings consistent with this opinion.”

Nothing in this article is legal advice. Schedule your meeting with a Miami family law attorney for specific advice about your case.