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IN THE CIRCUIT COURT OF THE 11TH

JUDICIAL CIRCUIT

IN AND FOR MIAMI-DADE COUNTY, FLORIDA

FAMILY DIVISION

IN RE: THE MARRIAGE OF:

CARMEN CECCHINELLI f/k/a

CARMEN MORALES,

CASE NO.: 03-21202 FC 04

Petitioner/Former Wife,

SECTION 12

and

ELADIO MORALES,

Respondent/Former Husband.

_____________________________________/

RESPONDENTS MOTION TO STRIKEAS UNTIMELY FILED, PETITIONERS

NOTICE OF EXCEPTION TO REPORT OF GENERAL MAGISTRATE

COMES NOW the Respondent, Eladio Morales, by and through the undersigned attorney

of record and files this Motion to Strike as Untimely Filed, Petitioners Notice of Exception to

Report of General Magistrate and states:

1. On October 3, 2012 and December 13, 2012, General Magistrate, Carlos Fernandezconvened a duly noticed evidentiary hearing on Respondents First and Second

Motions for Contempt.

2. On December 19, 2012 the General Magistrate filed the Report of General Magistrateand Notice of Filing dated December 18, 2012.

3. The Report indicates service on the Petitioners attorney, Allen Gruber and theRespondents attorney Marilyn Blumberg.

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4. The Order on Report of General Magistrate ratifying and approving the findings andrecommendations was executed by this Court on January 16, 2013 with copies served

by mail on the Parties and/or Respondent herein.

5. On January 22, 2013 the Petitioner filed a Notice of Exception to Report of GeneralMagistrate Dated December 18, 2012 and Request for Clarification.

6. The Notice of Exception was filed 35 days after the Report of General Magistrate wasfiled.

7. This Honorable Court entered the Order dated March 6 th, 2013 granting PetitionersMotion Authorizing Transcription of Audio Recorded at Hearings Held on October 3,

2012 and December 13, 2012 Before General Magistrate Carlos Fernandez noted the

Notice of Exception were not timely filed and subject to be stricken upon filing of a

motion.

8. In cases proceeding under the family law rules, a party objecting to a generalmagistrates report and recommendation may serve exceptions within 10 days of

being served with the report and recommendation.Fla. R. Fam. P.12.490(f).

9. The exception/objection to the General Magistrates Report and Recommendationwere filed 25 days late.

10.The failure to file exceptions will preclude further appellate review.Whyel v. Smith,134 So. 552 (Fla. 1931);Rosen v. Wilson, 922 So. 2d 401 (Fla. 4th D.C.A. 2006).

WHEREFORE, the Respondent respectfully requests this Honorable Court grant this Motion to

Strike as Untimely Filed, Petitioners Notice of Exception to Report of General Magistrate and

grant such further relief as deemed justified.

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Certificate of Service

I HEREBY CERTIFY that a true and correct copy of the foregoing was served by [ ] US

Mail; [ ] hand delivery; [ ] facsimile transmission; [ ] E service, this ______day of March, 2013

to: Allen H. Gruber, Esq. 10205 South Dixie Highway, Suite 202, Miami, Florida 33156;allen@gruberlaw.org.

Respectfully Submitted,

______________________________Marilyn Blumberg, Esq.

Fla Bar No.: 796580

100 SE 2nd

Street

Suite 2700Miami, Florida 33131

Telephone: 305 577 4499Eservice: spike1126@bellsouth.net