JONATHAN WILLIAMS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (13 total)

• Vargas v. Deutsche Bank Nat'l Tr. Co., 104 So. 3d 1156 (Fla. 3d DCA 2012)
  …v. Robinson, 928 So. 2d 360, 362 (Fla. 3d DCA 2006) (quoting Garcia v. Garcia, 743 So. 2d 1225, 1226 (Fla. 4th DCA 1999)); see also Ferraro v. Ferraro, 971 So. 2d 826, 828 (Fla. 3d DCA 2007) (citing Robinson, 928 So. 2d at 362); Cerase v. Dewhurst, 935 So. 2d 575, 578 (Fla. 3d DCA 2006). The record reflects that the only witness who testified at the evidentiary hearing9 before the general magistrate was Mr. Vargas, who testified that on January 29, 2009, he agreed to the loan modification terms presented by…
• Eddy Rodriguez v. Reyes, 112 So. 3d 671 (Fla. 3d DCA 2013)
  …factual findings and legal determinations in the first instance, “[o]nce a trial court appoints a magistrate to take testimony and make findings, it loses the prerogative of substituting its judgment for that of the magistrate.” Cerase v. Dewhurst, 935 So. 2d 575, 578 (Fla. 3d DCA 2006); see also Ward v. Dones, 90 So. 3d 826, 827 (Fla. 3d DCA 2012), reh’g denied, (May 30, 2012). In such instances, a trial court reviewing a magistrate’s findings and recommendations takes on a role similar to that of an appell…
• McNAMARA v. McNAMARA, 988 So. 2d 1255 (Fla. 5th DCA 2008)
  …counsel’s description of the expert evaluations needed. A magistrate’s findings are subject to being .set aside by the trial court when they are clearly erroneous or the magistrate misconceived the legal effect of the evidence. Cerase v. Dewhurst, 935 So. 2d 575, 578 (Fla. 3d DCA 2006). In this case, the trial court correctly found that the magistrate made two clearly erroneous findings and misconceived the legal effect of the evidence in awarding attorney’s fees based only upon the prenuptial agreement cha…

Authorities Cited

• Sanders v. State, 673 So. 2d 970 (Fla. 1st DCA 1996)
• Edler v. State, 673 So. 2d 970 (Fla. 1st DCA 1996)