MAURICIO R. VALCARCEL
v.
ROCIO DEL PILAR VALCARCEL
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A trial court must hold a hearing on a party's motion to vacate a general magistrate's or hearing officer's recommended order before adopting that order, as such hearings are mandatory and protect due process rights.
[1] A trial court must hold a hearing on a timely motion to vacate a general magistrate's or hearing officer's recommended order before adopting that order, as such hearings…
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Join FLexlaw to unlock all legal intelligence“Hearings on motions to vacate under rules 12.490 and 12.491 are intended to protect the opposing party's due process rights and are mandatory.”
Statement of law regarding the mandatory nature of hearings on motions to vacate recommended orders in family law proceedings.
In a pending divorce case, the husband moved to vacate recommended orders regarding temporary timesharing and child support and requested a hearing pu…
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PER CURIAM.
The husband in a pending divorce appeals two nonfinal orders: an order adopting a general magistrate’s recommended order regarding temporary timesharing with the children and an order adopting a hearing officer’s recommended order regarding temporary child support.
The husband timely moved to vacate the recommended orders and requested a hearing pursuant to Florida Family Law Rules of Procedure 12.490(e) and 12.491(f). Three days later, without holding a hearing as required by these rules, the trial court adopted the recommended orders.
Hearings on motions to vacate under rules 12.490 and 12.491 are intended to protect the opposing party’s due process rights and are mandatory. Oliva v. Oliva, 357 So. 3d 1266, 1268 (Fla. 3d DCA 2023).
Accordingly, the orders adopting the recommended orders of the general magistrate and hearing officer are reversed and remanded for further proceedings. Reversed.
LEVINE, CONNER and FORST, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mauricio R. Valcarcel v. Rocio del Pilar Valcarcel (Fla. 4th DCA 2023)
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Mauricio R. Valcarcel v. Rocio del Pilar Valcarcel (Fla. 4th DCA 2023)…ng a hearing as required by these rules, the trial court adopted the recommended orders. Hearings on motions to vacate under rules 12.490 and 12.491 are intended to protect the opposing party’s due process rights and are mandatory. Oliva v. Oliva, 357 So. 3d 1266, 1268 (Fla. 3d DCA 2023). Accordingly, the orders adopting the recommended orders of the general magistrate and hearing officer are reversed and remanded for further proceedings. Reversed. LEVINE, CONNER and FORST, JJ., concur.…
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Rodriguez v. Valentina Rodriguez (Fla. 5th DCA 2026)
Authorities Cited
- Mauricio R. Valcarcel v. Rocio del Pilar Valcarcel (Fla. 4th DCA 2023)