MAURICIO VALCARCEL v. ROCIO DEL PILAR VALCARCEL (2023)

District Court of Appeal of Florida, Fourth District.

MAURICIO R. VALCARCEL, Appellant, v. ROCIO DEL PILAR VALCARCEL, Appellee.

No. 4D22-3257

Decided: May 31, 2023

Ronald L. Bornstein of Ronald L. Bornstein, P.A., Greenacres, for appellant. No appearance for appellee.

The husband in a pending divorce appeals two nonfinal orders: an order adopting a general magistrate's recommended order regarding temporary timesharing with the children and an order adopting a hearing officer's recommended order regarding temporary child support.

The husband timely moved to vacate the recommended orders and requested a hearing pursuant to Florida Family Law Rules of Procedure 12.490(e) and 12.491(f). Three days later, without holding a hearing as required by these rules, the trial court adopted the recommended orders.

Hearings on motions to vacate under rules 12.490 and 12.491 are intended to protect the opposing party's due process rights and are mandatory. Oliva v. Oliva, 357 So. 3d 1266, 1268 (Fla. 3d DCA 2023).

Accordingly, the orders adopting the recommended orders of the general magistrate and hearing officer are reversed and remanded for further proceedings.

Reversed.

PER CURIAM.

LEVINE, CONNER and FORST, JJ., concur.

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