EDWIN E. CORTES
v.
SILVIA L. CORTES
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A trial court lacks authority to refer a matter to a general magistrate when a party timely objects to the appointment, and a general magistrate's hearing on contested motions without party consent violates Florida Family Law Rule of Procedure 12.490(b)(1).
[1] A general magistrate lacks authority to hear and decide a matter when a party timely objects to the referral to the general magistrate, unless all parties consent to the…
[2] Florida Family Law Rule of Procedure 12.490(b)(1) requires the consent of all parties before any matter may be heard by a general magistrate.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“pursuant to Florida Family Law Rule of Procedure 12.490(b)(1), no matter may be heard by a general magistrate without consent of the parties”
Establishes the legal requirement that a general magistrate cannot hear family law matters unless both parties consent.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe husband appealed a trial court order approving a general magistrate's recommended order that granted the Florida Department of Revenue's motion fo…
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Third District Court of Appeal State of Florida
Opinion filed March 31, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D26-0231 Lower Tribunal No. 14-14667-FC-04
Edwin E. Cortes, Appellant,
vs.
Silvia L. Cortes, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Diana Vizcaino, Judge.
Edwin E. Cortes, in proper person.
Silvia L. Cortes, in proper person.
James Uthmeier, Attorney General, and Sarah C. Prieto, Assistant Attorney General (Fort Lauderdale), for the Florida Department of Revenue.
Before SCALES, C.J., and EMAS and LOGUE, JJ.
On Confession of Error
PER CURIAM.
Edwin E. Cortes (“Husband”) appeals¹ a January 12, 2026 trial court post-decretal order approving a recommended order of the general magistrate granting intervenor Florida Department of Revenue's ("the Department”) motion for civil contempt (and associated motions) for Husband's failure to pay a child support arrearage.
Husband argues that, because Husband timely objected to the trial court's order referring the matter to the general magistrate, the general magistrate lacked the authority to conduct the hearing on the Department's motions. The Department commendably concedes that we should reverse the challenged order because (i) Husband timely objected to the appointment of a general magistrate to hear its motions, and (ii) pursuant to Florida Family Law Rule of Procedure 12.490(b)(1), no matter may be heard by a general magistrate without consent of the parties. We, therefore, reverse the trial court's January 12, 2026 order and remand for proceedings not inconsistent with this opinion.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cortes v. Cortes (Fla. 3d DCA 2026)…t of certiorari. Pursuant to Florida Rule of Appellate Procedure 9.040(c), we treat Husband's petition as an appeal of the challenged order because the trial court's contempt order is an appealable, post-decretal final order. See Phanord v. Phanord, 411 So. 3d 568, 568 (Fla. 3d DCA 2025). ---PAGE 3--- Reversed and remanded.…
Authorities Cited
- Cortes v. Cortes (Fla. 3d DCA 2026)