Dayami Rodriguez Rodriguez v. George Gonzalez

Summary

The Florida Third District Court of Appeal reviewed a trial court’s reconsideration order concerning objections to a general magistrate’s report and recommendation in a parenting-plan modification proceeding. The court reversed and remanded because the trial court may have applied an overly deferential standard when evaluating the magistrate’s factual findings and legal conclusions.

Holdings

1. When exceptions to a general magistrate's report are filed, the trial court must review the record for competent substantial evidence supporting the magistrate's factual findings and conclusions and determine whether the magistrate's legal conclusions are clearly erroneous or misconceive the legal effect of the evidence. The trial court's reconsideration order suggested that it applied an overly deferential standard.

Questions Presented

1. Whether the trial court applied the correct standard when reviewing the Mother's exceptions and motion to vacate the general magistrate's report and recommendation.

Disposition

reversed_and_remanded