Dismissal: What a Mess!

Notice of Dismissal is effective immediately. The First District Court of Appeal recently had to unravel the past several years of court actions and orders. Here's what happened:

The couple lived together, had a child and got married. The wife filed for divorce almost immediately. A year later, a Magistrate held a hearing and recommended a final judgment of divorce, custody, child support and equitable distribution. The wife filed a Notice of Voluntary Dismissal ten days after the Magistrate's recommendation. Apparently unaware of the dismissal, 20 days later the judge signed an order adopting the Magistrate's recommendations and both parties presumably got copies of a "final judgment."

Another year later, the husband filed to modify custody and visitation. There was a trial and the court denied the modification. The husband appealed. At that point, someone looked at the whole court file and realized that the judge did not have authority to enter any orders after the wife dismissed the case.

Granted, this case was unusual because the final hearing was held in front of a Magistrate. The case actually involves the issue of when a case is "submitted to the court for decision," as it relates to the ability to dismiss a case without a court order. Esoteric issue maybe, but I hope that none of you will allow a year to pass without a hearing in your Florida divorce case.