Summary
holding that a party must timely file a motion to vacate to preserve a challenge to a general magistrate’s recommended order
Summary of this case from Rocha v. CuevasOpinion
No. 1D22-1597
03-22-2023
Tamilyn WHITE, Appellant, v. Kevin Wayne MORRIS, Appellee.
Jill W. Warren, Pensacola, for Appellant. Kevin Wayne Morris, pro se, Appellee.
Jill W. Warren, Pensacola, for Appellant.
Kevin Wayne Morris, pro se, Appellee.
Per Curiam.
Appellant challenges the circuit judge's supplemental final judgment and order on the recommended order ratifying and adopting all the findings and recommendations of the general magistrate. In the final judgment and order, the circuit judge denied Appellant's supplemental petition to modify parental responsibility and denied Appellant's petition for relocation with the parties’ minor children.
Addressing the only issue preserved for appellate review, we find no error in the application of the amendments to rule 12.490, Florida Family Law Rules of Procedure, to the trial court proceedings after April 1, 2022, the effective date of the amendments. See In re Amendments to Florida Family Law Rules of Procedure 12.490 & 12.491, & Forms 12.920(a)-(c) , 346 So. 3d 1053, 1055 (Fla. 2022) (adopting amended rule); Smith v. Smith , 902 So. 2d 859, 863 (Fla. 1st DCA 2005) (recognizing "the settled principle of law that procedural or remedial changes in the law are applicable to pending cases"). The Appellant was informed by the magistrate both verbally in court and in the recommended order of the requirement to file a motion to vacate within ten days if she wished to challenge the recommended order. See Fla. Fam. L. R. P. 12.490(e). The then pro se Appellant did not do so. Nor did she file any exceptions to the magistrate's recommendation as allowed under the superseded rule. See Fla. Fam. L. R. P. 12.490(f) (1995). The supplemental final judgment and order on recommended order is therefore
AFFIRMED .
Bilbrey, Winokur, and Long, JJ., concur.