Legal Opinion

Simmons v. Simmons

District Court of Appeal of Florida

Decided June 26, 2009No. 5D08-2138PublishedCited by 3 opinions

1Opinion of the CourtSawaya, J.

In this appeal of a final judgment rendered in a dissolution of marriage proceeding wherein the trial court adopted all of the recommendations and findings of the magistrate, we reverse because the trial court failed to hold a hearing on Husband’s timely filed exceptions to the magistrate’s report before entering the final judgment. See Fla. Fam. L.R.P. 12.490(f) (providing that if exceptions are filed to a general magistrate’s report, they “shall be heard on reasonable notice by either party or the court”); Yoxsimer v. Yoxsimer, 918 So.2d 997 (Fla. 2d DCA 2006) (holding that rule 12.490(f)…

2Cases cited6 opinions

  1. Knorr v. KnorrDistrict Court of Appeal of Florida · 1999
  2. Collado v. PavlowDistrict Court of Appeal of Florida · 2007
  3. Yoxsimer v. YoxsimerDistrict Court of Appeal of Florida · 2006
  4. L.P. v. StateDistrict Court of Appeal of Florida · 2008
  5. Burnstine v. TownleyDistrict Court of Appeal of Florida · 2008

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Gutierrez v. GutierrezDistrict Court of Appeal of Florida · 2010
  2. MARIO OLIVA v. IVON OLIVADistrict Court of Appeal of Florida · 2023
  3. Silver v. SilverDistrict Court of Appeal of Florida · 2010

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