MELISSA LYNN MURPHY vs LACY AUSTIN RAY HUTCHENS
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED MELISSA LYNN MURPHY, Appellant, v. Case No. 5D20-61 LACY AUSTIN RAY HUTCHENS, Appellee. ________________________________/ Opinion filed September 4, 2020 Appeal from the Circuit Court for Volusia County, Elizabeth A. Blackburn, Judge. Melissa L. Murphy, Oviedo, pro se. No Appearance for Appellee. PER CURIAM. In this paternity case, Melissa Murphy appeals an order approving the report and recommendation (“R & R”) of the general magistrate regarding timesharing and the parenting plan. It is undisputed that Appellee, Lacy Hutchens, is the natural father of D.H. In Murphy’s pro-se brief, she purports to allege error on behalf of the trial judge; she also complains that both attorneys who represented her in the underlying action were incompetent and that the general magistrate was unprofessional. Murphy further contends that the trial court’s order approving the R & R contains error. Murphy did not file exceptions to the magistrate’s R & R; as a result, our review is limited to errors that exist on the face of the order. See Torres v. Torres, 98 So. 3d 1171, 1172 (Fla. 2d DCA 2011) (finding that, despite husband’s failure to file exceptions that addressed meritorious argument on appeal, trial court reversibly erred in approving recommendation because errors existed on face of magistrate’s report); see also French v. French, 12 So. 3d 278, 279–80 (Fla. 5th DCA 2009) (determining that although exceptions were untimely, trial court reversibly erred in failing to correct errors apparent on face of magistrate’s report). Having reviewed the order and finding no apparent errors, we affirm. AFFIRMED. COHEN, HARRIS and TRAVER, JJ., concur. 2
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