My husband (attorney) filed a motion not wanting our divorce to be heard in front of a magistrate, they chose to have a judge instead. Of coarse that was granted. @ 6 months after that (other hearing's continued) both my husband and I no longer had attorneys. A year went by, and out of nowhere (I live out of state) I just by happenstance found out that a hearing was scheduled for a Dissolution of Marriage in front of a magistrate. I was unable to make that hearing (I only had a few weeks notice) so I sent in a "motion for continuance" because I had no idea what this was about and I wanted to seek legal advice. Although I was in touch with the magistrates asst constantly, making sure they received my motion, it wasn't until weeks after the hearing that I found out my motion for a continuance was denied.
I made a complaint and had a hearing with the "judge" along with 25 proven facts why the magistrates ruling was in error. The top of the list was the fact the he already filed and was granted for this case not to be heard by a magistrate.
Unfortunately, because I did not provide the transcripts from the hearing that I wasn't present, I provided all the other transcripts relevant because I had my husbands motion denying to be heard by a magistrate with me, and thought it never should have been heard by her in the first place. Also the fact that I never received any notice that our case was active again. Duval county FL is the first place that that I have ever heard of that doesn't care if a party in a lawsuit was notified or not. It's also the first place that actually allows "proven perjured testimony
" to not only be given, but has ruled in favor of "PROVEN" perjured testimony.
Can this case be decided by a magistrate even though my husband filed and was granted for it not to be heard by a magistrate? Then, without any notice whatsoever to me, can he change is mind while I'm not looking and without providing any recent rulings in our case (and the magistrate never looked our case up, because my husband has been in contempt for 2 years) and she must've only listened to whatever BS he was serving that day, and made her ruling on that.