Norris v. Norris
| Decision Date | 24 February 2010 |
| Docket Number | No. 2D08-6420.,2D08-6420. |
| Citation | 28 So.3d 953 |
| Parties | Kevin Jay NORRIS, Appellant, v. Elisha Marie NORRIS, Appellee. |
| Court | Florida District Court of Appeals |
v.
Elisha Marie NORRIS, Appellee.
[28 So.3d 954]
Kevin Jay Norris, pro se.
Elisha Marie Norris, pro se.
WALLACE, Judge.
Kevin Jay Norris (the Husband) appeals the circuit court's order approving the report and recommendations of the general magistrate (GM) with respect to the parties' petitions for dissolution of marriage. We conclude that the Husband's arguments on appeal lack merit, and we affirm the circuit court's order without discussion of those issues. However, because of our concern with the form of the circuit court's order disposing of the parties' dissolution action, we write to address that concern and to suggest that the circuit court adopt a new form.
Florida Family Law Rule of Procedure 12.490 provides the procedural framework for family law cases—including actions for dissolution of marriage—that are referred to a GM. After the GM conducts a hearing on a matter referred to him or to her, subsection 12.490(e) requires the GM to file a report stating his or her findings of fact, conclusions of law, and recommendations. However, the filing and service of the GM's report does not conclude a matter. If a party files exceptions to the GM's report, the circuit court must hear them on reasonable notice. Fla. Fam. L.R.P. 12.490(f). If no exceptions are filed, the circuit court must "take appropriate action on the report." Fla. Fam. L.R.P. 12.490(f).
The nature of the "appropriate action" to be taken by the circuit court varies depending on the circumstances of the case. However, the entry of an order or judgment that merely approves the report is insufficient. While the GM makes a recommendation for the circuit court to follow, it is the circuit court's responsibility to reduce the recommendation to a proper court order or judgment. See Wellborn v. K-Beck Furniture Mart, Inc., 54 Ohio App.2d 65, 375 N.E.2d 61, 62 (1977). "Merely stating that the [GM's] report is approved does not constitute a judgment." Id.
Where the marriage of the parties is to be dissolved, the action culminates in the entry of a final judgment of dissolution of marriage. See §§ 61.031; 61.052, Fla. Stat. (2008). See generally Marjorie A. Schmoyer, Final Judgment, in Florida Dissolution of Marriage §§ 10.1-.87 (Fla. Bar CLE 9th ed. 2008). A final judgment of dissolution of marriage typically includes a finding that the parties' marriage is irretrievably broken and a declaration that it is dissolved. See Fla. Fam. L.R.P. Forms 12.990(a)-(c)(2); Schmoyer, Final Judgment §§ 10.16, 10.21. Thus, in an
action for dissolution of marriage, the "appropriate action" on the GM's report is generally entry of a final judgment dissolving the marriage and addressing...
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