This is what I stated in my motion to continue
1. On June 2, 2016, Respondent
/Former Husband filed his Exception to the Report of and Recommendation of General Magistrate dated May 23, 2016 pursuant to Florida Family Law Rule of Procedure 12.490(f) and requested a hearing. See “Exhibit A”.
2. Petitioner/Former Wife filed an Amended Notice of Testimony by Minor Children which is set for June 28, 2016. See “Exhibit B”.
3. An order ratifying and approving the General Magistrates report of May 23, 2016 has not been entered.
4. The Court may not enter an order or take action without considering the timely filed exceptions. Riley v. Riley, 14 So.3d 1284 (Fla. 2d DCA 2009); Werntz v. Floyd, 814 So. 2d 480 (Fla. 4th D.C.A. 2002).
5. A trial court must hear timely filed exceptions to a magistrate’s report. See Fla. Fam. L.R.P. 12.490(f); Betz v. Betz, 790 So.2d 1128, 1130 (Fla. 2d DCA 2001).
6. Before scheduling a hearing on Respondent’s Exceptions, the Honorable Reemberto Diaz requested a Status Conference, which is set for July 18, 2016 at 9:00 a.m.
7. There is absolutely no prejudice to the Petitioner/Former Wife if this continuance is granted, however there is great prejudice to the Respondent/Former Husband if it is not. It is in the best interest of the children that this case be resolved with all of the facts before the Court, and if Respondent/Former Husband is not granted a continuance until his exceptions are heard, a great injustice will result.
8. This Motion is not being filed to cause delay. It is being filed to ensure that the Respondent/Former Husband has his proper day in Court as does the Petitioner/Former Wife, and that each are on equal footing as it relates to their children.