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Magistrate's decisions?

Magistrate's decisions? Topic: Judicial review of case stated
April 19, 2019 / By Karenza
Question: When a magistrate makes a decision is it what has to happen or is there yet another step?? We saw magistrate in custody matter 2 weeks ago. They called this morning and said decision is beign mailed out today. But when I check the online docket this is what it says: "REPORT OF MAGISTRATE AND RECOMMENDATIONS ON PETITIONER'S " Is what he says only a recomendation or do the parties HAVE to do what it says?!?! I'm confused now. Please help, any personal experience, professional input, or even just thoughts? We are in Florida, case was heard in Santa Rosa County if it makes a difference.
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Best Answers: Magistrate's decisions?

Harmonie Harmonie | 8 days ago
Each state handles this a little differently. Usually magistrates do not have final decisionmaking authority over "dispositive" orders (unless, let's say, they are presiding over small claims court, traffic court, or other very small matters). The docket entry you've provided with the language therein seems to support this position. Generally, a "report and recommendations" is an order drafted by a lower judicial officer (like a magistrate) to a higher judicial officer (like a district court, circuit court, or county court judge). What it says is -- "this is what I find, and this is how I think the case should be decided." What often happens with these R&R's is that the higher judicial officer reads or reviews it, each party has time to provide "objections" to the R&R, and then the higher judicial officer either "adopts" the R&R or "overrules" it and makes his own findings and order. In many places, the higher judicial officer's review is "de novo," meaning that he does not have to give the magistrate any deference at all, if he doesn't want to. In my experience (in federal court) if no one objects to the Magistrates R&R, then the court will adopt it. (Even if there are objections, more likely than not, the Court will adopt it.) From then, it usually becomes a final order that's appealable to an appellate court as if the trial court, district court, county court, etc., had entered it. Since this appears to be state court, and you called it a "custody" matter, that throws a wrench into the certainty of my answer, since each state does family law matters much differently. But you need to check with a clerk or with an attorney to see if you can file objections to the magistrate's R&R and what "standard of review" the higher level judicial offier and how long you have to object to it if it's adverse. Good luck.
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Harmonie Originally Answered: I have a problem making big decisions (or any decisions for that matter) question is at bottom?
Well you sound exactly like me. A genius trapped in an idiots body. I too suffer from indecisiveness, probably a little worse. Im 26 now I still dont know what I enjoy, or what I should be doing. Of course, I am extremely naive and have been fed useless information for about 19 years by my parents until I finally had enough. Do what make you happy (within reason that is). Because the most important thing in life is to be happy, regardless of your situation. If your not happy in your current position in life, then change. But if you feel as though cant then only you can prevent forrest fires......no. This is where my brain shut off.
Harmonie Originally Answered: I have a problem making big decisions (or any decisions for that matter) question is at bottom?
I do the same thing. I make plans and lists and set times to do things and it never happens. The best way I've found is to be accountable to someone. So at night, my spouse reads off a checklist for each of us and marks what we did and didn't do. There's no punishment or reward, but having it pointed out to me that I didn't do what I intended to today makes me remember it better tomorrow. Its not a perfect solution, I still forget, but each day it seems that checklist looks a little better. Maybe this is something a parent or sibling could do for you?
Harmonie Originally Answered: I have a problem making big decisions (or any decisions for that matter) question is at bottom?
I don't know, I have the exact same problem! Once, I was in a shop for half an hour choosing a chocolate bar!

Dominica Dominica
In the hierarchy of courts, magistrate courts are on just about the lowest rung, just above a justice of the peace. In civil law,even with a court of exclusive jurisdiction such as a tax court there is always an appeal to a higher court. But, the down side is that in your appellate brief you must allege some reversible error by either the court or by counsel for the adverse party.
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Dominica Originally Answered: Decisions decisions? the husband using wifes account?
buy a cheap used mossberg 500 or one of its many clones. like $160. 12 gauge, pump action, 5+1 shotgun. a basic home defense & hunting gun if you want/. #4 birdshot for home defense and your choice of bird, buck or slug for hunting. if money is an issue right now also consider a hi point c9; its like $150 and probably the best handgun you can buy under $400. accurate, reliable, simple, rugged and inexpensive. 9mm caliber easy to find ammo and inexpensive to practice frequently. its cheap so if you find you don't like it no big loss, wouldn't set you back too much. pretty easy to dump it too if you change your mind, price it at like $100 or tell the people on hi point firearm forums and they'll gladly take it off your hands.
Dominica Originally Answered: Decisions decisions? the husband using wifes account?
You already have an SKS rifle. Such a rifle can harvest game animals up to the size of deer and it has an effective range of 150 yards. You could try it on larger game animals, but it wouldn't be as effective. (In an emergency, you'll use what you have at the moment.) The SKS is effective for home defense, but there are two concerns to be aware of... ~over-penetration of projectiles may endanger bystanders ~noise from firing a rifle indoors, especially without hearing protection. For home protection and concealed carry, a handgun is preferable. For home protection only, a shotgun is very effective. But it's difficult to carry concealed while outside of the home. If you don't have the money to purchase a new firearm, then don't spend yourself into deeper debt. Just make the best use of the SKS you already have. Purchase some quality ammunition intended for your situation. There are other common-sense things you can do that may improve your home defense situation and help you remain safe while traveling outside your home. I suggest reading articles about making your home less attractive to thieves and home-invaders. I suggest also reading about personal-defense practices and strategies to keep you and your family safe while away from home.

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