PIERRE R. CAZI, APPELLANT,
v.
ROSE MAY PROPHETE, APPELLEE
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A trial court abused its discretion by adopting a general magistrate's report and recommendations without holding a hearing on the former husband's timely-filed exceptions to the report in a post-divorce modification proceeding. The appellate court reversed and remanded for the required hearing.
Yes. The trial court abused its discretion by adopting and ratifying the general magistrate's report and recommendations without conducting a hearing on the former husband's timely-filed exceptions. When a party timely files exceptions to a general magistrate's report, they must be heard on reasonable notice by either party or the court.
[1] A trial court abuses its discretion by adopting a general magistrate's report and recommendations without conducting a hearing when a party has timely filed exceptions to…
[2] Timely filed exceptions to a general magistrate's report must be heard on reasonable notice by either party or the court.
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Join FLexlaw to unlock all legal intelligence“Because the former husband's exceptions were indisputably timely filed, the trial court abused its discretion by adopting and ratifying the general magistrate's report and recommendations without conducting a hearing on the exceptions.”
States the core holding that the trial court's failure to hold a hearing on timely exceptions constitutes an abuse of discretion
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Join FLexlaw to unlock all legal intelligenceIn 2009, a final judgment dissolved the marriage between Pierre R. Cazi and Rose May Prophete. The former wife subsequently moved to modify and/or cla…
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In 2009, a final judgment was entered dissolving the marriage between Pierre R. Cazi (“former husband”) and Rose May Prophete (“former wife”). Thereafter, the former wife moved to modify and/or clarify the final judgment. A general magistrate heard the motion and, thereafter, entered a report and recommendation in favor of the former wife.
The former husband filed timely exceptions to the general magistrate’s report and recommendations and requested a hearing on the exceptions. Contending that the former husband’s exceptions had not been timely filed, the trial court did not consider the filed objections and entered an order adopting and ratifying the general magistrate’s order. Although the former husband immediately filed a motion for rehearing, thereby alerting the trial court of its error and requesting a hearing on his exceptions, the trial court denied the former husband’s motion for rehearing and refused to conduct a hearing on the exceptions.
Because the former husband’s exceptions were indisputably timely filed, the trial court abused its discretion by adopting and ratifying the general magistrate’s report and recommendations without conducting a hearing on the.exceptions. See Fla. R. Civ. P. 1.490(h) (2012) (stating that if a party timely files exceptions to the general magistrate’s report, “they shall be heard on reasonable notice by either party”); Fla. Fam. L. R. P. 12.490(f) (providing that if exceptions are filed to a general magistrate’s report, “they shall be heard *724on reasonable notice by either party or the court”); Collado v. Pavlow, 951 So.2d 69, 70 (Fla. 5th DCA 2007) (holding that the trial court abused its discretion by adopting the general magistrate’s report and recommendations without conducting a hearing where a party filed timely exceptions to the report and requested a hearing); Martinez v. Garcia, 575 So.2d 1365, 1366-67 (Fla. 3d DCA 1991) (holding that the trial court was required to conduct a hearing on timely filed exceptions to general master’s order).
We therefore reverse the trial court’s order adopting and ratifying the general magistrate’s report and recommendations, reverse the trial court’s order denying the former husband’s motion for rehearing and to set aside the trial court’s order approving and ratifying the general magistrate’s report and recommendations, and remand for a hearing on the former husband’s timely filed exceptions.
Reversed and remanded.
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Edmonds v. Edmonds, 363 So. 3d 213 (Fla. 6th DCA 2023)…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. 1st DCA 2018); Cazi v. Prophete, 130 So. 3d 723, 723 (Fla. 3d DCA 2014).3 Because the trial court failed to hold a hearing on the parties’ respective exceptions to the Supplemental Report, the trial court’s Supplemental Order must be reversed and remanded to the trial court to hold a hearing on…
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Rosemita Jean v. Jean (Fla. 2d DCA 2021)…ptions to a magistrate's report); Betz v. Betz, 790 So. 2d 1128, 1130 (Fla. 2d DCA 2001) ("The trial court was obliged to hear the [h]usband's - 6 - objections to the report and recommendation before issuing the final judgment."); Cazi 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 D…
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Christa Adkins v. Sotolongo (Fla. 3d DCA 2019)…, Michael Sotolongo. As Adkins timely filed exceptions, “the trial court abused its discretion by [prematurely] adopting and ratifying the general magistrate’s report and recommendations without conducting a hearing” on the same. Cazi v. Prophete, 130 So. 3d 723, 723 (Fla. 3d DCA 2014); see Fla. Fam. L. R. P. 12.490(f) (“The general magistrate must file the report and recommendations and serve copies on all parties. The parties may file exceptions to the report within [ten] days from the time it is served…
Authorities Cited
- Collado v. Pavlow, 951 So. 2d 69 (Fla. 5th DCA 2007)
- Martinez v. Garcia, 575 So. 2d 1365 (Fla. 3d DCA 1991)