CAZI V. PROPHETE
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Third District Court of Appeal State of Florida Opinion filed January 08, 2014. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D12-3279 Lower Tribunal No. 07-22339 ________________ Pierre R. Cazi, Appellant, vs. Rose May Prophete, Appellee. An Appeal from the Circuit Court for Miami-Dade County, George A. Sarduy, Judge. Larry R. Fleurantin & Associates, P.A., and Larry R. Fleurantin, for appellant. Rose May Prophete, in proper person. Before SHEPHERD, C.J., and WELLS and ROTHENBERG, JJ. ROTHENBERG, J. In 2009, a final judgment was entered dissolving the marriage between Pierre R. Cazi ( former husband ) and Rose May Prophete ( former wife ). Thereafter, the former wife moved to modify and/or clarify the final judgment. A general magistrate heard the motion and, thereafter, entered a report and recommendation in favor of the former wife. The former husband filed timely exceptions to the general magistrate s report and recommendations and requested a hearing on the exceptions. Contending that the former husband s exceptions had not been timely filed, the trial court did not consider the filed objections and entered an order adopting and ratifying the general magistrate s order. Although the former husband immediately filed a motion for rehearing, thereby alerting the trial court of its error and requesting a hearing on his exceptions, the trial court denied the former husband s motion for rehearing and refused to conduct a hearing on the exceptions. Because the former husband s exceptions were indisputably timely filed, the trial court abused its discretion by adopting and ratifying the general magistrate s report and recommendations without conducting a hearing on the exceptions. See Fla. R. Civ. P. 1.490(h) (2012) (stating that if a party timely files exceptions to the general magistrate s report, they shall be heard on reasonable notice by either party ); 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 2 party or the court ); Collado v. Pavlow, 951 So. 2d 69, 70 (Fla. 5th DCA 2007) (holding that the trial court abused its discretion by adopting the general magistrate s report and recommendations without conducting a hearing where a party filed timely exceptions to the report and requested a hearing); Martinez v. Garcia, 575 So. 2d 1365, 1366-67 (Fla. 3d DCA 1991) (holding that the trial court was required to conduct a hearing on timely filed exceptions to general master s order). We therefore reverse the trial court s order adopting and ratifying the general magistrate s report and recommendations, reverse the trial court s order denying the former husband s motion for rehearing and to set aside the trial court s order approving and ratifying the general magistrate s report and recommendations, and remand for a hearing on the former husband s timely filed exceptions. Reversed and remanded. 3
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