WILLIAM SHAW, APPELLANT,
v.
SANDRA SHAW, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A Florida appellate court reversed a trial judge's custody decision that rejected a general master's recommendation to award custody to the father. The court held that a trial judge must provide clear reasoning when rejecting a master's findings, particularly in custody disputes where the master has the advantage of observing witnesses.
A trial judge must approve and adopt a master's findings and recommendations unless they are clearly erroneous or the master has misconceived the legal effect of the evidence. When a trial judge rejects a master's report without identifying such defects, the judgment must be reversed and remanded to enter judgment consistent with the master's findings.
[1] A trial judge should approve and adopt the findings of fact and recommendations of a master unless they are clearly erroneous or the master has misconceived the legal eff…
[2] A trial judge who refers a matter to a master relinquishes the opportunity to observe witnesses and is therefore not in the same position as a judge who hears a case dire…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The findings of fact and recommendations of a master should be approved and adopted by the trial judge unless clearly erroneous or it appears that the master has misconceived the legal effect of the evidence.”
Establishes the standard governing review of a master's recommendations in custody cases
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWilliam Shaw and Sandra Shaw disputed custody of their two sons, ages six and nine. The case was referred to a general master who conducted extensive …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Custody Determination cases and more on FLexlaw
PEARSON, Judge.
This is a dispute over the custody of two boys aged six and nine years. The appellant is the father. The order appealed was entered after a reference of the custody issue to a general master. The general master found that (1) the father and his new wife were able to prove a more stable environment for the children than the mother, (2) the previously-agreed split custody had resulted in conditions detrimental to the children, (3) the mother had neglected the children, (4) it was in the best interests of the children that the father be awarded custody.1 The mother filed exceptions to the report.
The exceptions to the general master’s report were heard by the trial judge. These proceedings were not transcribed, but it is clear from two subsequent hearings which were transcribed that although no evidence was presented, the court had a “conference” with the appellant and appel-lee.
The trial judge entered a final judgment stating only that the mother’s exceptions to the master’s report were granted and that the court had “. . . reviewed the file, examined and considered the evidence, heard argument of counsel, reviewed the memoranda submitted . . . ” The recommendation of the general master that custody of the children be awarded to their father was rejected. The alternating custody arrangement was terminated and the mother was granted permanent custody and control of the children. This appeal is by the father from the judgment.
When a trial judge determines to refer a matter to a master, the trial judge gives up the opportunity to observe the witnesses. Therefore, he is not in the same position as a trial judge who hears a case. See Harmon v. Harmon, 40 So. 2d 209 (Fla.1949).
The findings of fact and recommendations of a master should be approved and adopted by the trial judge unless clearly erroneous or it appears that the master has misconceived the legal effect of the evidence. See Claughton v. Claughton, 347 So. 2d 437 (Fla.3d DCA 1977), and cases cited therein. The trial judge failed to hold that any finding of the master was clearly erroneous or that the master had in any particular misconceived the legal effect of the evidence. Our examination of the record in the light of the briefs and oral argument fails to reveal any basis upon which the trial judge could have found the master’s report at fault on either of these grounds. Accordingly, the judgment is reversed and the cause remanded with directions to enter judgment in accordance with the findings and conclusions of the master. Reversed and remanded.
. The report of the general master reflected an investigation by child care authorities, four hearings, nine witnesses, including psychiatrists and school officials, for a total of 300 pages of testimony.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Harmon v. Harmon, 40 So.2d 209 (Fla. 1949)
- Claughton v. Claughton, 347 So. 2d 437 (Fla. 3d DCA 1977)