S.V., THE FATHER, PETITIONER,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, ET AL., RESPONDENTS

Fla. 3d DCA | 2015-07-08
No. 3D15-636
Before ROTHENBERG, SALTER and SCALES, JJ.
178 So. 3d 421 Florida District Court of Appeal, Third District (2015) Caution
Cited by 8 cases

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Synopsis

A father sought certiorari review of a trial court's order that set aside a general magistrate's recommendation to grant his motion for reunification with his two children in a dependency case and instead denied reunification. The appellate court denied the petition, finding that the trial court properly reviewed the general magistrate's recommendations and did not depart from essential legal requirements.


Holding

The trial court did not depart from the essential requirements of law in reviewing the general magistrate's report and recommendations. The trial court properly conducted a detailed legal analysis and permissibly concluded that the general magistrate misconceived the legal effect of the evidence and that competent substantial evidence did not support a finding that the father had the capacity to meet the children's extensive therapeutic needs at that time.


Headnotes

[1] A trial court reviewing a general magistrate's recommendations acts as an appellate court, limited to determining if the magistrate's findings are supported by competent…

[2] Certiorari review of a trial court's non-final order is limited to whether the trial court departed from the essential requirements of law, causing irreparable harm that…

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Key Quotes

“When a trial court reviews the recommendations of a general magistrate it takes on the role of an appellate court.”

Establishes the standard of review that the trial court must apply when reviewing a general magistrate's report and recommendations

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Facts & Procedural History

The father left his family in April 2012 and moved to North Carolina, leading DCF to file a petition of dependency for his two sons. The children, who…

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Opinion of the Court
SCALES, J.

SCALES, J.

The petitioner, S.V. (the “Father”), seeks certiorari review of the trial court’s non-final order that: (i) set aside a general magistrate’s report and recommendations *422on the Father’s motion for reunification with his two sons; and (ii) denied the Father’s motion for reunification.1

Essentially, the Father asserts that the trial court impermissibly substituted its judgment for that of the general magistrate. Because we conclude that the trial court did not depart from the essential requirements of law, we deny the petition.

I. Facts

The Father-left his family in April of 2012, and moved from South Florida to North Carolina. The following month, the Department of Children and Families (DCF)' filed a Petition of Dependency, seeking to adjudicate the Father’s two children as dependent under section 39.501 of the Florida Statutes:2 • ■

DOF’s Petition for Dependency of the children suggests that the Father’s departure was abrupt and without concern for the immediate well-being of the children. Once in North Carolina and in the vicinity of his parents, the Father created a new life for himself, though his direct involvement with his sons waned during the ensuing two years.3

DCF placed the children in the care of a maternal aunt. At the time of this placement, the children suffered from diagnosed disabilities, were found to be - “emotionally disturbed,” and functioned poorly in both the home and at school. Since-that time, the children have received extensive therapeutic, medical and educational services. They continue to receive these services and are making progress.

In October of 2014, DCF, the Guardian Ad Litem and the Attorney Ad Litem jointly filed a motion to modify the case plan to a permanent guardianship, and the Father filed a motion for reunification with his children. The underlying question of this case is whether the Father, in his quest for reunification, has developed the capacity and preparation to address the extraordinary needs of the children at this time.

On November 7 and 17, 2014, a general magistrate conducted an evidentiary hearing cm the two motions. On December 15, 2014, the. general magistrate issued his report and recommendations, including the specific recommendation to grant the Father’s motion for reunification. On February 17, 2015, the trial court set aside the general magistrate’s report and recommendations and denied the Father’s motion for reunification. Oh March 17, 2015, the trial court entered an order placing the children into a permanent guardianship.

The petition before this Court seeks review of both the trial court’s February 17, 2015 Order Setting Aside General Magistrate’s Report and Recommendation and Denying Father’s Motion for Reunification'; and the March 17, 2015 Order Placing Child(ren) in a Permanent Guardianship.

II. Standard of Review

When a trial court reviews the recommendations of a general magistrate *423it takes on the role of an appellate court. Cerase v. Dewhurst, 935 So.2d 575, 578 (Fla. 3d DCA 2006). Thus, the trial court’s review of the general magistrate’s recommendations is limited to' determining whether the general magistrate’s findings of fact are supported by competent substantial evidence, and whether the general magistrate either made clearly erroneous legal conclusions or misconceived the , legal effect of the evidénce. Id.

Hence, this Court’s certiorari review of the trial court’s non-final order is limited to whether the trial court departed from the essential requirements of law in conducting its review of the general magistrate’s report and recommendations, resulting in irreparable harm to the petitioner that cannot be remedied on direct appeal. G.D. v. Dep’t of Children & Family Servs., 870 So.2d 235 (Fla. 2d DCA 2004).

Stated' another way, in order to grant the Father’s petition in this ease, we must détermine that the trial court failed to apply the correct legal standards when the trial court reviewed the general magistrate’s recommendations.

III. Analysis

Because .the parties generally did not dispute the underlying facts of the case, the trial court focused its review of the general magistrate’s report and recommendations primarily on whether the gem eral magistrate misconceived the legal effect of the evidence. In a detailed sixteen-page order, the trial court painstakingly analyzed the legal issue raised by the evidence4 and concluded that the general magistrate misapplied the law.

In Cerase, this Court reversed an order of the, trial court, concluding that the trial court had substituted its judgment for the general magistrate by reweighing the evidence. Cerase, 935 So.2d at 578. The instant case is distinguishable in two critical ways: (i) in Cerase, we exercised appellate review rather than certiorari review; and, more fundamentally, (ii) the record in Cerase plainly evidenced that the trial court had done nothing more than substitute its judgment for that of the general magistrate. Id.

It is. clear in this case that the trial court conducted a thoughtful, detailed, and comprehensive analysis of the applicable law. The trial court determined that the general magistrate misconceived the legal effect of the evidence. Accordingly, the trial court found that competent substantial evidence did not support the general magistrate’s finding that the Father, at this time, has the capacity' to' meet the children’s extensive and unremitting therapeutic needs. On this record, we are unable to conclude that the trial court departed from the essential requirements of law by rejecting the general magistrate’s report and recommendations.

We deny the Father’s petition without prejudice to the Father filing another motion for reunification at an appropriate time in theiuture.


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Citator

Cited By

  • Leta G. Middleton v. Hager, 179 So. 3d 529 (Fla. 3d DCA 2015)
    …agistrate’s findings of fact are supported by competent substantial evidence, and whether the general magistrate either made clearly erroneous legal conclusions-or misconceived the legal effect of the evidence. S.V. v. Dep’t of Children & Families, 178 So. 3d 421, 2015 WL 4095258 (Fla. 3d DCA July 8, 2015) (citing Dewhurst, 935 So. 2d at 578). We conclude that the trial court did not reweigh the evidence or substitute its own findings for those of the magistrate, but rather, correctly determined that althou…
  • Herce v. Maines, 317 So. 3d 1211 (Fla. 2d DCA 2021)
    …al magistrate's findings of fact are supported by competent substantial evidence, and whether the general magistrate either made clearly erroneous legal conclusions or misconceived the legal effect of the evidence." S.V. v. Dep't of Child. & Fams., 178 So. 3d 421, 423 (Fla. 3d DCA 2015) (citing Cerase, 935 So. 2d at 578). "Section 61.16(1) allows the trial court to 'order a party to pay a reasonable amount for attorney's fees, suit money, and the cost to the other party' in a dissolution action 'after consid…
  • Moises Figueroa v. Kossiver, 336 So. 3d 1260 (Fla. 5th DCA 2022)
    …. Accordingly, when a trial court reviews the report and recommendations of the general magistrate, it takes on the role of an appellate court. Middleton v. Hager, 179 So. 3d 529, 533 (Fla. 3d DCA 2015) (quoting S.V. v. Dep’t of Child. & Fams., 178 So. 3d 421, 422–23 (Fla. 3d DCA 2015)). More specifically, a trial court’s review is “limited to determining whether the general magistrate’s findings of fact [were] supported by competent substantial evidence, and whether the general magistrate either mad…

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