Court Filings

The Fifth District reversed and remanded a Seminole County dissolution case because the trial court summarily denied the former husband’s timely motion to vacate a magistrate’s recommended order solely for not providing all trial transcripts. The appellate court held that the rule requires submission of a record or notice of a partial record but also contemplates substantial compliance and a mandatory hearing on a timely motion to vacate. Because the court cancelled the hearing and denied the motion without assessing substantial compliance or allowing the hearing, the denial was reversible error and the case is sent back for further proceedings.

The Sixth District Court of Appeal reversed a trial-court order awarding attorney’s fees to Meagan Garmon in a post-dissolution proceeding and also reversed the denial of Jason Garmon’s rehearing request. The appeals court held that the record lacked competent, substantial evidence demonstrating Former Wife’s need for fee awards. Because the trial court’s finding of need was unsupported, the appellate court reversed the fee award, relying on Florida precedent requiring competent evidence of need before awarding attorney’s fees in family-law matters.