Edwin E. Cortes v. Silvia L. Cortes
This text of Edwin E. Cortes v. Silvia L. Cortes (Edwin E. Cortes v. Silvia L. Cortes) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed March 31, 2026. Not final until disposition of timely filed motion for rehearing.
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No. 3D26-0231 Lower Tribunal No. 14-14667-FC-04 ________________
Edwin E. Cortes, Appellant,
vs.
Silvia L. Cortes, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Diana Vizcaino, Judge.
Edwin E. Cortes, in proper person.
Silvia L. Cortes, in proper person.
James Uthmeier, Attorney General, and Sarah C. Prieto, Assistant Attorney General (Fort Lauderdale), for the Florida Department of Revenue.
Before SCALES, C.J., and EMAS and LOGUE, JJ. On Confession of Error
PER CURIAM.
Edwin E. Cortes (“Husband”) appeals1 a January 12, 2026 trial court
post-decretal order approving a recommended order of the general
magistrate granting intervenor Florida Department of Revenue’s (“the
Department”) motion for civil contempt (and associated motions) for
Husband’s failure to pay a child support arrearage.
Husband argues that, because Husband timely objected to the trial
court’s order referring the matter to the general magistrate, the general
magistrate lacked the authority to conduct the hearing on the Department’s
motions. The Department commendably concedes that we should reverse
the challenged order because (i) Husband timely objected to the
appointment of a general magistrate to hear its motions, and (ii) pursuant to
Florida Family Law Rule of Procedure 12.490(b)(1), no matter may be heard
by a general magistrate without consent of the parties. We, therefore,
reverse the trial court’s January 12, 2026 order and remand for proceedings
not inconsistent with this opinion.
1 Husband challenged the subject contempt order via a petition for writ of certiorari. Pursuant to Florida Rule of Appellate Procedure 9.040(c), we treat Husband’s petition as an appeal of the challenged order because the trial court’s contempt order is an appealable, post-decretal final order. See Phanord v. Phanord, 411 So. 3d 568, 568 (Fla. 3d DCA 2025).
2 Reversed and remanded.
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