Summary
The Fifth District Court of Appeal of Florida reverses the summary denial of Jonathan Rodriguez’s motion to vacate a recommended order entered after a general magistrate’s family-law trial. The court holds that the trial court erred by denying the motion solely because the appellant did not submit all trial transcripts, without assessing substantial compliance or addressing the motion at a hearing. The case is remanded for further proceedings.
Topics
Practice areas
Questions Presented
- Whether the circuit court could summarily deny a timely and pursued motion to vacate a general magistrate's recommended order solely because the movant failed to submit all trial transcripts.
- Whether Florida Family Law Rule of Procedure 12.490 requires a hearing on a timely filed and pursued motion to vacate.
- Whether the circuit court was required to assess substantial compliance with the rule before denying the motion.
Holdings
- A timely filed and pursued motion to vacate a general magistrate's recommended order must be heard, subject to the rule's stated exceptions and any properly applicable motion-for-rehearing procedure.
- Failure to submit all trial transcripts or notice of a partial record does not, by itself, authorize summary denial of a timely motion to vacate when the movant has submitted most of the transcripts and the court has not assessed substantial compliance.
- The circuit court reversibly erred by summarily denying Former Husband's motion to vacate based solely on his failure to submit all trial transcripts.
Key quotations
“A motion to vacate the order must be heard within 30 days from the date the motion is filed, unless the time frame is extended by court order.” (at 4)
“A timely filed motion to vacate stays the enforcement of the recommended order rendered by the court until after the court has conducted a hearing on the motion to vacate and renders an order granting or denying the motion to vacate.” (at 4)
“While Former Husband neglected to submit all the trial transcripts, the trial court also failed to assess whether he may have substantially complied with the rule.” (at 9)
“The trial court reversibly erred in summarily denying Former Husband’s motion to vacate based solely on his failure to submit all trial transcripts.” (at 9)
Factual background
The parties' marital-dissolution case was tried before a general magistrate over several hearing dates in 2023. After the circuit court entered the magistrate's recommended order, Former Husband timely moved to vacate and pursued a hearing, receiving three extensions for scheduling reasons unrelated to the record. He submitted transcripts for portions of the proceedings but did not submit all transcripts or file notice identifying the portions he intended to submit. The trial court cancelled the scheduled hearing after asserting that a transcript for another trial date was missing and then denied the motion without determining whether the submitted record substantially complied with rule 12.490.
Procedural history
The marital-dissolution trial occurred before a general magistrate on June 13–14, September 14, and November 13, 2023. After the circuit court entered the magistrate's recommended order, Former Husband timely moved to vacate under Florida Family Law Rule of Procedure 12.490 and obtained extensions to schedule a hearing. The circuit court cancelled the hearing and summarily denied the motion because Former Husband had not submitted all trial transcripts or filed notice that he would submit only a partial record. The circuit court denied reconsideration or rehearing, and Former Husband appealed.
Remand instructions
Reverse the denial of the motion to vacate and remand for further proceedings consistent with the opinion. If the circuit court reaches the merits on remand, it should assess the remaining issues raised in Former Husband's motion to vacate.