Wells v. Wells

First District Court of Appeal of Florida · 2024 · Family Law

Family LawAppellate ProcedureGeneral Magistratesdissolutiongeneral magistraterule 12.490recommended ordermotion to vacate

Facts

The dissolution case was referred to a general magistrate under Florida Family Law Rule 12.490 after the parties consented. After the magistrate filed a report and recommended final judgment in August 2022, the former husband filed mistitled 'exceptions' instead of a motion to vacate, and on October 25, 2022, the circuit court denied those exceptions, ratified the magistrate’s report, and adopted it as the court’s order. The former husband did not file a timely notice of appeal from that October 25 final judgment, but on November 4, 2022, he filed an emergency motion for relief from judgment based on the transcript having been misfiled. On February 1, 2023, the circuit court denied that request for relief and also entered a QDRO, after which the former husband filed his notice of appeal on February 17, 2023.

Issue

Whether the former husband’s February 17, 2023 notice of appeal was timely as to the October 25, 2022 final judgment, and whether the February 1, 2023 order denying relief from judgment and the February 1, 2023 QDRO were independently appealable and properly subject to review.

Rule

When a circuit court ratifies and adopts a general magistrate’s recommended order that serves as a final disposition, the order becomes an appealable final order upon the circuit court’s ratification. A motion for relief from judgment under rule 12.540 does not toll the thirty-day time for appealing that final order. A post-decretal order denying relief from judgment and a post-decretal QDRO are independently appealable final orders, but appellate relief may be denied or summarily affirmed when the initial brief shows no preliminary basis for reversal.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In a dissolution case in Tampa, both parties consented to referral to a general magistrate. The magistrate filed a recommended final order, and on May 3 the circuit court signed an order ratifying it and adopting it as the court's own final ruling.

When did the time to appeal the merits of that final ruling begin to run?

Explanation. Under the majority opinion, when a recommended order serves as a final disposition, it becomes an appealable final order upon the circuit court's ratification and entry as its own order. The magistrate's filing alone is not the appealable event, and no later enforcement order is required. (Derived from Wells v. Wells (n.d.).)