5D09-1118 Silver v. Silver

State: Florida

Court: Florida Fifth District Court

Docket No: 5D09-1118

Case Date: 05/24/2010

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2010

SCOTT SILVER, Appellant, v. MICHELLE SILVER, Appellee. ________________________________/ Opinion filed May 28, 2010 Non-Final Appeal from the Circuit Court for Seminole County, James E.C. Perry, Judge. Nancy F. Alley, Judge. Gary S. Israel, Orlando, for Appellant. Jennifer C. Frank, Maitland, for Appellee. Case No. 5D09-1118

SAWAYA, J. The former husband appeals the trial court's Order on the Report and Recommendation on the former wife's Motion for Contempt. The trial court apparently overlooked the Exceptions to the magistrate's Report and Recommendations timely filed by the former husband and found the former husband in willful contempt for failing to make all child support payments due and for failing to reimburse the former wife for certain identified expenses of the children. The Order was issued without a hearing on the former husband's Exceptions and without the court's benefit of the transcripts of the

hearings before the magistrate, which transcripts were in the process of being prepared for the court's use. Accordingly, we reverse and remand this case to the trial court to conduct an appropriate hearing on the exceptions to the magistrate's report filed by the former husband. See Simmons v. Simmons, 16 So. 3d 878 (Fla. 5th DCA 2009). REVERSED and REMANDED.

ORFINGER and TORPY, JJ., concur.

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