Alleged judge in central Florida has denied a party the hearing concerning a motion to vacate magistrate recommendations and other things

[Legalizednarc]

Jurisdiction

Florida

I filed motion timely and motioned for enforcement of stay in rule 12.490. The certified record I ordered was delivered the day of the hearing and the judge denied my motion to be heard. Stated rule 12.490 states a record must be part of the hearing. I stated the hearing is De novo and the judge claimed no evidence will be presented. My understanding is new evidence to show recommendations are not based on substantial clear evidence. If the judge will not allow me to be heard must I file for rehearing before appeal? Or should I file a supplemental petition instead of proving the judge made mistakes.

 

[adjusterjack]

Option 3 - Hire yourself a lawyer.

What you are asking for is complex legal advice which we can't give you.

 

[Foamback]

What is the allegation that the judge isn't a judge?

 

[zddoodah]

I filed motion timely and motioned for enforcement of stay in rule 12.490.

I assume you're talking about Fla. Fam. Law. R. P. 12.490. This rule allows judges to appoint general magistrates and sets forth the procedure for referral of various matters to a magistrate for hearing. The rule also provides for the submission by the magistrate of recommended orders for the judge to approve. It further provides that "[a] timely filed motion to vacate stays the enforcement of the recommended order rendered by the court until after the court has conducted a hearing on the motion to vacate and renders an order granting or denying the motion to vacate." It's therefore not clear what you mean when you say that you "motioned for enforcement of stay."

The certified record I ordered was delivered the day of the hearing and the judge denied my motion to be heard.

I assume you're talking about a transcript of a hearing before the magistrate. If that's correct, then that should have been submitted with your motion to vacate.

If the judge will not allow me to be heard must I file for rehearing before appeal? Or should I file a supplemental petition instead of proving the judge made mistakes.

You're in way over your head. Regardless, I'm not sure if any Florida family court practitioners follow these boards, so you should seek a consultation with a local family law attorney ASAP.