Mata v. Mata

District Court of Appeal of Florida

Mata v. Mata

185 So. 3d 1271, 2016 Fla. App. LEXIS 2690, 2016 WL 731390

CourtDistrict Court of Appeal of Florida

DecidedFebruary 24, 2016

Docket3D15-1280

StatusPublished

Cited by2 cases

This text of 185 So. 3d 1271 (Mata v. Mata) 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.

Bluebook

Mata v. Mata, 185 So. 3d 1271, 2016 Fla. App. LEXIS 2690, 2016 WL 731390 (Fla. Ct. App. 2016).

Pincite

Opinion

LOGUE, J.

A general magistrate issued a report recommending that Angel R. Mata (“former husband”) pay $5,500 per month in temporary alimony to Nadyne Mata (“former wife”) and $733.14 per month in child support. On reviewing exceptions to the general magistrate’s report filed by the former husband, the trial court rejected the general magistrate’s recommendation.

“Once a trial court appoints a magistrate to take testimony and make findings, it loses the prerogative of substituting its, judgment for that of the magistrate.” Cerase v. Dewhurst, 935 So.2d 575, 578 (Fla. 3d DCA 2006). “In such instances, a trial court reviewing a magistrate’s findings and l'ecommendations takes on a role similar to that of an appellate court reviewing a trial court’s actions.” Rodriguez v. Reyes, 112 So.3d 671, 673 (Fla. 3d DCA 2013). If exceptions to the magistrate’s report have been filed, “a trial court reviews the record to determine whether the magistrate’s factual findings and conclusions are supported by competent substantial evidence, and whether the magistrate’s legal conclusions -are clearly erroneous or whether the magistrate misconceived the legal effect of the evidence.” Id. (quotation and citation omitted).

In this case, competent, substantial evidence supported the magistrate’s findings, including the income it imputed to the former husband based on the former wife’s unrebutted testimony regarding his historical earnings. See Ghay v. Ghay, 954 So.2d 1186, 1190 (Fla. 2d DCA 2007) (“[T]he Florida Supreme.Court and other district courts have suggested that a presumption arises from a spouse’s historical *1273 earnings that supports a finding the spouse can continue to earn the same amount, absent evidence to the contrary.”) (citing Garfield v. Garfield, 58 So.2d 166, 167 (Fla.1952); Seitz v. Seitz, 471 So.2d 612 (Fla. 3d DCA 1985)). We therefore reverse the trial court’s decision and remand for further proceedings consistent with this opinion. Rodriguez, 112 So.3d at 674.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

LOGUE, J.

A general magistrate issued a report recommending that Angel R. Mata (“former husband”) pay $5,500 per month in temporary alimony to Nadyne Mata (“former wife”) and $733.14 per month in child support. On reviewing exceptions to the general magistrate’s report filed by the former husband, the trial court rejected the general magistrate’s recommendation.

“Once a trial court appoints a magistrate to take testimony and make findings, it loses the prerogative of substituting its, judgment for that of the magistrate.” Cerase v. Dewhurst, 935 So.2d 575, 578 (Fla. 3d DCA 2006). “In such instances, a trial court reviewing a magistrate’s findings and l'ecommendations takes on a role similar to that of an appellate court reviewing a trial court’s actions.” Rodriguez v. Reyes, 112 So.3d 671, 673 (Fla. 3d DCA 2013). If exceptions to the magistrate’s report have been filed, “a trial court reviews the record to determine whether the magistrate’s factual findings and conclusions are supported by competent substantial evidence, and whether the magistrate’s legal conclusions -are clearly erroneous or whether the magistrate misconceived the legal effect of the evidence.” Id. (quotation and citation omitted).

In this case, competent, substantial evidence supported the magistrate’s findings, including the income it imputed to the former husband based on the former wife’s unrebutted testimony regarding his historical earnings. See Ghay v. Ghay, 954 So.2d 1186, 1190 (Fla. 2d DCA 2007) (“[T]he Florida Supreme.Court and other district courts have suggested that a presumption arises from a spouse’s historical *1273 earnings that supports a finding the spouse can continue to earn the same amount, absent evidence to the contrary.”) (citing Garfield v. Garfield, 58 So.2d 166, 167 (Fla.1952); Seitz v. Seitz, 471 So.2d 612 (Fla. 3d DCA 1985)). We therefore reverse the trial court’s decision and remand for further proceedings consistent with this opinion. Rodriguez, 112 So.3d at 674.

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

185 So. 3d 1271, 2016 Fla. App. LEXIS 2690, 2016 WL 731390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mata-v-mata-fladistctapp-2016.

Opinion

Related

Cite This Page — Counsel Stack