ORAMAS v. ASENCIO (2026)

District Court of Appeal of Florida, Third District.

Yailin ORAMAS, Appellant, v. Alejandro Eduardo Pichs ASENCIO, Appellee.

No. 3D25-1406

Decided: January 07, 2026

Before LOBREE, BOKOR and GOODEN, JJ.

Francisco J. Vargas, P.A., and Francisco J. Vargas, for appellant. Law Office of Miguel San Pedro, and Miguel San Pedro; Law Office Jesus O. Cervantes, and Jesus O. Cervantes, for appellee.

After it adopted a magistrate's report and recommendation containing an error, the trial court vacated the order modifying child support and ordered a trial de novo. Appellant Yailin Oramas challenges that order on appeal. Finding the trial court did not abuse its discretion in vacating the order and ordering a trial de novo, we affirm. See Fla. Fam. L. R. P. 12.490(e)(3)–(4) (“Any party affected by the order may move to vacate the order by filing a motion to vacate within 15 days from the date of entry․ If applicable, a motion to vacate operates as a motion for rehearing under rule 12.530.”); Fla. Fam. L. R. P. 12.530(a) (“On a motion for a rehearing of matters heard without a jury, ․ the court may open the judgment if one has been entered, take additional testimony, and enter a new judgment.”); In re Amends. to Fla. Fam. L. Rules of Proc., 389 So. 3d 1282, 1283 (Fla. 2024) (“Also, we amend rules 12.490 and 12.491 by changing the deadline to file a motion to vacate from 10 to 15 days. We also clarify, in both rules, that ‘a motion to vacate operates as a motion for rehearing under rule 12.530.’ ”).

Affirmed.

PER CURIAM.

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