MARILIA R. HUNTER
v.
ANDREW ROBERTSON

Fla. 3d DCA | 2022-07-20
No. 21-0924
Holmes
Florida District Court of Appeal, Third District (2022)

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Holding

A trial court does not improperly delegate its decision-making authority by adopting a party's proposed final judgment when the judgment is not a verbatim adoption, the opposing party had opportunity to submit a competing proposal and object, and the court actively participated in the proceedings.


Headnotes

[1] A trial court does not improperly delegate its judicial authority by adopting a party's proposed final judgment when the judgment is not a verbatim adoption, the opposing…

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Facts & Procedural History

In a family law dispute, the trial court adopted the wife's proposed final judgment without making oral findings or conclusions of law. The husband ch…

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Opinion of the Court

PER CURIAM.

Affirmed. See Cabrera v. Cabrera, 987 So. 2d 753, 754–55 (Fla. 3d DCA 2008) (rejecting husband’s argument that trial court’s adoption of wife’s proposed final judgment after failing to make oral findings or conclusions of law was improper delegation of its decision-making authority under Perlow

v. Berg–Perlow, 875 So. 2d 383 (Fla. 2004), because (1) final judgment was

not verbatim adoption of proposed order; (2) husband had opportunity to submit proposed final judgment and object to wife’s proposed final judgment;

and (3) trial court actively participated in hearing); see also Musgrave v. Musgrave, 290 So. 3d 536, 541 (Fla. 2d DCA 2019) (“[U]pon rehearing the Husband failed to raise an objection to the proposed final judgment based upon the ‘verbatim’ theory, and he cannot now complain error for the first time in this appeal.”).


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