FLUHART v. RASMUSSEN
So. 3d (Fla. 5th DCA 2024) 49 FLW D753 (4/4/2024)
THE MOTHER APPEALED A FINAL JUDGMENT OF DOM WHICH RATIFIED AND ADOPTED THE REPORT AND RECOMMENDED FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE SUBMITTED BY THE GENERAL MAGISTRATE FOLLOWING EVIDENTIARY HEARINGS. HOWEVER, SHE DID NOT FIRST FILE A MOTION TO VACATE THE RECOMMENDED FINAL JUDGMENT AND BY THIS FAILURE SHE FAILED TO PRESERVE FOR APPELLATE REVIEW HER CLAIMED ERROR INVOLVING THE COURT-ORDERED TIME-SHARING AND SHARED PARENTAL RESPONSIBILITY.
It appears in essence that the DCA is saying that it likens the Motion to Vacate the Magistrate’s Recommended Final Judgment to a Motion for Rehearing when a final hearing is heard by the Judge and the Motion to Vacate should be filed to preserve errors for appellate review.