REGINALD SIMMONS, APPELLANT,
v.
KIMBERLY SIMMONS, APPELLEE
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The appellate court reversed a final judgment in a divorce case because the trial court failed to hold a required hearing on the husband's exceptions to the magistrate's report. This failure violated procedural rules mandating such hearings.
Yes, the trial court erred. Florida Family Law Rules of Procedure mandate a hearing on timely filed exceptions to a magistrate's report.
[1] A trial court errs by entering a final judgment in a dissolution of marriage proceeding without holding a hearing on timely filed exceptions to a magistrate's report.
[2] Florida Family Law Rules of Procedure 12.490(f) mandates a hearing on timely filed exceptions to a general magistrate's report.
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Join FLexlaw to unlock all legal intelligence“In this appeal of a final judgment rendered in a dissolution of marriage proceeding wherein the trial court adopted all of the recommendations and findings of the magistrate, we reverse because the trial court failed to hold a hearing on Husband’s timely filed exceptions to the magistrate’s report before entering the final judgment.”
States the reason for reversal: failure to hold a hearing on exceptions.
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Join FLexlaw to unlock all legal intelligenceIn a dissolution of marriage proceeding, the trial court adopted all recommendations from a magistrate. The husband timely filed exceptions to the mag…
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In this appeal of a final judgment rendered in a dissolution of marriage proceeding wherein the trial court adopted all of the recommendations and findings of the magistrate, we reverse because the trial court failed to hold a hearing on Husband’s timely filed exceptions to the magistrate’s report before entering the final judgment. See Fla. Fam. L.R.P. 12.490(f) (providing that if exceptions are filed to a general magistrate’s report, they “shall be heard on reasonable notice by either party or the court”); Yoxsimer v. Yoxsimer, 918 So.2d 997 (Fla. 2d DCA 2006) (holding that rule 12.490(f) requires a mandatory hearing on timely filed exceptions to a magistrate’s report and explaining that this rule derives from Florida Rule of Civil Procedure 1.490(h), which also requires a mandatory hearing on timely filed exceptions to a magistrate’s report); Knorr v. Knorr, 751 So.2d 64, 65-66 (Fla. 2d DCA 1999) (observing that Florida Family Law Rules of Procedure 12.490(f) and 12.492(g) derive from Florida Rule of Civil Procedure 1.490(h) and that all three contain substantially the same provisions requiring a mandatory hearing on exceptions to a master’s report and recommendation); McBride v. McBride, 637 So.2d 938, 940 (Fla. 2d DCA 1994) (“First, the trial judge erred when he denied Wife’s timely objections to the master’s amended report without an evi-dentiary hearing.”); see also L.P. v. State, *879995 So.2d 1140, 1141 (Fla. 5th DCA 2008) (“[W]e write to re-emphasis [sic] the requirement that a hearing must be held on timely-fíled exceptions to a magistrate’s report.”); Burnstine v. Townley, 976 So.2d 624, 627 (Fla. 5th DCA 2008) (“[T]he trial court erred when it denied his exceptions without first conducting a hearing.”) (citing Yoxsimer); Collado v. Pavlow, 951 So.2d 69, 70 (Fla. 5th DCA 2007) (same).
Accordingly, we reverse the final judgment under review and remand this case to the trial court to conduct an appropriate hearing on the exceptions to the magistrate’s report filed by Husband.
REVERSED and REMANDED.
ORFINGER and TORPY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gutierrez v. Gutierrez, 48 So. 3d 118 (Fla. 5th DCA 2010)….. If exceptions are filed, they shall be heard on reasonable notice by either party or the court. Fla. Fam. L.R.P. 12.490(f). It is reversible error for a trial court to fail to conduct a hearing on timely filed exceptions. See Simmons v. Simmons, 16 So. 3d 878 (Fla. 5th DCA 2009)(holding that, because trial court failed to hold a hearing on husband’s timely filed exceptions to the general magistrate’s report before entering the final judgment in dissolution action, case would be remanded to the trial cour…
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Wilson v. Smith, 51 So. 3d 1282 (Fla. 2d DCA 2011)…ourt should afford the person such an opportunity). Furthermore, it is error for the trial court to adopt a magistrate’s report in a family law matter without first holding a hearing on any timely filed exceptions to that report. Simmons v. Simmons, 16 So. 3d 878, 878 (Fla. 5th DCA 2009). Because the trial court here should have allowed Wilson the opportunity to obtain the necessary transcript and be heard on his exceptions to the magistrate’s report and recommendations, we reverse the order approving the c…
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Silver v. Silver, 35 So. 3d 1012 (Fla. 5th DCA 2010)…in the process of being prepared for the court’s use. Accordingly, we reverse and remand this case to the trial court to conduct an appropriate hearing on the exceptions to the magistrate’s report filed by the former husband. See Simmons v. Simmons, 16 So. 3d 878 (Fla. 5th DCA 2009). REVERSED and REMANDED. ORFINGER and TORPY, JJ., concur.…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Knorr v. Knorr, 751 So. 2d 64 (Fla. 2d DCA 1999)
- Collado v. Pavlow, 951 So. 2d 69 (Fla. 5th DCA 2007)
- Yoxsimer v. Yoxsimer, 918 So. 2d 997 (Fla. 2d DCA 2006)
- Jannell McBRIDE v. McBRIDE, 637 So. 2d 938 (Fla. 2d DCA 1994)
- Burnstine v. Townley, 976 So. 2d 624 (Fla. 5th DCA 2008)
- L.P. v. State, 995 So. 2d 1140 (Fla. 5th DCA 2008)