RUBEN GUTIERREZ, APPELLANT,
v.
JOANNE GUTIERREZ, APPELLEE
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Ruben Gutierrez appealed the trial court's adoption of a general magistrate's report regarding child support and custody modification without holding a hearing on his timely filed exceptions. The appellate court reversed, holding that Florida Family Law Rules require trial courts to conduct hearings on timely filed exceptions to a general magistrate's report.
It is reversible error for a trial court to fail to conduct a hearing on timely filed exceptions to a general magistrate's report. The trial court was required to hold a hearing on Gutierrez's timely exceptions before adopting the general magistrate's recommendations.
[1] A trial court commits reversible error by failing to conduct a hearing on timely filed exceptions to a general magistrate's report.
[2] Florida Family Law Rule of Procedure 12.490(f) requires trial courts to hear exceptions to a general magistrate's report when timely filed by a party.
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Join FLexlaw to unlock all legal intelligence“Rule 12.490. General Magistrates... (f) Filing Report; Notice; Exceptions. The general magistrate shall file the report and recommendations and serve copies on all parties. The parties may file exceptions to the report within 10 days from the time it is served on them.... If exceptions are filed, they shall be heard on reasonable notice by either party or the court.”
The controlling procedural rule requiring trial courts to conduct hearings on timely filed exceptions to a general magistrate's report.
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Join FLexlaw to unlock all legal intelligencePost-dissolution, Ruben Gutierrez filed a petition seeking downward modification of child support and a supplemental petition to modify custody. The t…
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Ruben Gutierrez (father) appeals the order entered by the trial court adopting the recommendations of the general magistrate on the father’s motions to modify the parties’ child support obligations and child custody arrangement. Determining that the trial court erred in failing to hold a hearing on the father’s exceptions to the general magistrate’s report, we reverse.
Post-dissolution, the father filed a petition seeking a downward modification of his child support obligation. He subsequently filed a supplemental petition to modify custody and other relief. The trial court referred the father’s supplemental petition to a general magistrate. The matter then proceeded to a hearing before the general magistrate. After receiving evidence, the general magistrate issued a report and recommendation. The father timely filed exceptions to the general magistrate’s report and requested a hearing on the exceptions. The trial court entered an order adopting the general magistrate’s report without holding a hearing on the exceptions.
The father contends that the trial court’s order approving the general magistrate’s report must be reversed because the trial court failed to hold a hearing on the exceptions in spite of his request for such a hearing. We agree.
Rule 12.490 of the Florida Family Rules of Procedure authorizes parties to file exceptions to a general magistrate’s report. The rule further instructs trial courts to conduct hearings on timely filed exceptions:
Rule 12.490. General Magistrates
* * ⅜
(f) Filing Report; Notice; Exceptions. The general magistrate shall file the report and recommendations and serve copies on all parties. The parties may file exceptions to the report within 10 days from the time it is served on them.... 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 court to conduct an appropriate hearing). Accord Collado v. Pavlow, 951 So.2d 69, 70 (Fla. 5th DCA 2007).
Here, the father was entitled to receive a hearing on his exceptions to the general magistrate’s report because he did timely file his exceptions.1
REVERSED and REMANDED.
SAWAYA and ORFINGER, JJ„ concur.
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Erskine v. Erskine, 262 So. 3d 223 (Fla. 1st DCA 2018)…amily Law Rule of Procedure 12.490(f) derives from Florida Rule of Civil Procedure 1.490(h) and the language of the rule providing for a hearing on exceptions to a 2 magistrate’s report has been held to be mandatory); Gutierrez v. Gutierrez, 48 So. 3d 118, 119 (Fla. 5th DCA 2010) (holding that it is “reversible error for a trial court to fail to conduct a hearing on timely filed exceptions”); see also Fla. Fam. L. R. P. 12.490(f). On remand, the trial court shall hold a hearing on the Appellant’s…
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Edmonds v. Edmonds, 363 So. 3d 213 (Fla. 6th DCA 2023)…er party or the court. Thus, where a party timely files exceptions to a magistrate’s report, it is reversible error for a trial court to fail to conduct a hearing on the exceptions before entering an order on the report. See Gutierrez v. Gutierrez, 48 So. 3d 118, 119 (Fla. 5th DCA 2010) (citing Simmons v. Simmons, 16 So. 3d 878 (Fla. 5th DCA 2009)); Jean v. Jean, 320 So. 3d 313, 316 (Fla. 2d DCA 2021); Langsetmo v. Metza, 306 So. 3d 112, 115 (Fla. 4th DCA 2020); Erskine v. Erskine, 262 So. 3d 223, 225 (Fla.…
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Rosemita Jean v. Jean (Fla. 2d DCA 2021)…zi v. Prophete, 130 So. 3d 723, 723 (Fla. 3d DCA 2014) ("[T]he trial court abused its discretion by adopting and ratifying the general magistrate's report and recommendations without conducting a hearing on the exceptions."); Gutierrez v. Gutierrez, 48 So. 3d 118, 119 (Fla. 5th DCA 2010) ("It is reversible error for a trial court to fail to conduct a hearing on timely filed exceptions.").4 The Fourth District has explicitly addressed the issue before us—whether a trial court can deny exceptions to a magistr…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Collado v. Pavlow, 951 So. 2d 69 (Fla. 5th DCA 2007)
- Simmons v. Simmons, 16 So. 3d 878 (Fla. 5th DCA 2009)