Edwin E. Cortes v. Silvia L. Cortes

Summary

The Florida Third District Court of Appeal reversed a post-decretal order granting civil contempt sanctions for failure to pay child support arrearages. The court held, on confession of error, that the general magistrate lacked authority to hear the Department of Revenue’s motions because the husband had timely objected to the referral and the parties had not consented as required by Florida Family Law Rule of Procedure 12.490(b)(1).

Holdings

1. A general magistrate may not hear a matter when a party has timely objected to the referral and the parties have not consented, because Florida Family Law Rule of Procedure 12.490(b)(1) requires the parties' consent.
2. A petition for writ of certiorari challenging the contempt order should be treated as an appeal when the contempt order is an appealable post-decretal final order.

Questions Presented

1. Whether a general magistrate may hear motions for civil contempt and related relief when a party timely objects to the referral and does not consent.

Disposition

reversed_and_remanded