Preserving Objections to Magistrate’s Recommendation in State Court

The use of magistrates by state court judges is yet another recent change to state court procedures.  In a very short opinion, the Third DCA reminds lawyers of the importance of timely objecting to the magistrate’s recommendations.  Roblero v. Velasquez, 50 Fla. L. Weekly D1489 (Fla 3 DCA July 9, 2025).  There is not a rule that sets the deadline for objections, but rather the recommendation order itself will specify a deadline.  Typically, the magistrate’s recommendation order will provide deadlines for filing a motion to vacate at the end of the  recommended order.  Failure to timely comply will waive any objections to the recommended order and the order will not be preserved for appellate review.

The Roblero opinion cites to a several cases within just the last five years where the appellant did not preserve the issue for appellate review indicating how easy it is to overlook this step.   Most of us review our incoming mail electronically and it is easy to skim over these pesky details at the end of the order.   Make sure you are reading the entirety of the magistrate’s recommendation order and taking next steps to ensure timely objection and preservation.