Tedesco v. Department of Revenue

Summary

The Florida Second District Court of Appeal reversed the dismissal of Timothy Paul Tedesco’s motion for relief from a child support order because the dismissal was based on the mistaken belief that the order was included in a prior appeal. The court also concluded that the defective hearing notice and denial of an opportunity to be heard on exceptions violated due process. The case was remanded for consideration of the motion on its merits and further proceedings.

Holdings

1. The trial court abused its discretion by adopting the magistrate's recommendation and dismissing Tedesco's motion for relief based on the mistaken factual premise that the child support order was pending on appeal.
2. Florida Family Law Rule of Procedure 12.492(g) requires that exceptions to a magistrate's recommended order be heard, and a litigant's failure to appear caused by a defect in the court's own hearing notice does not waive the litigant's right to be heard.

Questions Presented

1. Whether the trial court abused its discretion by dismissing Tedesco's motion for relief from the child support order based on the mistaken belief that the order was pending on appeal.
2. Whether the trial court's refusal to rehear Tedesco's exceptions after he failed to appear because of a defective hearing notice violated his due process right to be heard.

Disposition

reversed_and_remanded