Jonathan Rodriguez v. Valentina Rodriguez
The Fifth District reversed the summary denial of a former husband's motion to vacate a general magistrate's recommended order in a dissolution case. The court held that, under the 2022-amended Florida Family Law Rule of Procedure 12.490, a hearing on a timely-filed and pursued motion to vacate is mandatory, and it was reversible error to summarily deny the motion based solely on the movant's failure to submit all trial transcripts without assessing whether he substantially complied with the rule's record requirement.
Key facts
- A marital dissolution trial was held over four days before a general magistrate, whose recommended order was entered by the trial court.
- The former husband timely moved to vacate the recommended order under Florida Family Law Rule of Procedure 12.490 and set the motion for hearing, obtaining three extensions unrelated to the record.
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Holdings
- Under the 2022 amendments to Florida Family Law Rule of Procedure 12.490, which replaced the former exceptions procedure with a post-order motion to vacate, a hearing on a timely-filed and…
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Why it matters
This opinion is important guidance for Florida family-law and civil practitioners on post-magistrate procedure under the substantially rewritten Rule 12.490. It confirms that a timely-filed motion to vacate a general… — full analysis with a trial
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