RONALD E. KAY, APPELLANT,
v.
SHARON R. KAY, APPELLEE

Fla. 4th DCA | 1983-04-27
No. 82-2562
LETTS, C.J., and HURLEY, J., concur.
430 So. 2d 532 Florida District Court of Appeal, Fourth District (1983) Negative Treatment
Cited by 26 cases

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.

Synopsis

In a dissolution of marriage case, the husband appealed a trial court order denying his exceptions to a general master's report recommending temporary alimony, child support, and mortgage payments. The court reversed, holding that Florida Rule of Civil Procedure 1.490(h) mandatorily requires the judge to conduct a hearing on exceptions to a master's report before ruling on them.


Holding

The court held that Rule 1.490(h) mandatorily requires the trial court to hear exceptions to a master's report on reasonable notice by either party before ruling on them. The hearing requirement is not discretionary and its inclusion in the rule was not inadvertent.


Headnotes

[1] A trial court must hold a hearing on a party's exceptions to a general master's report in a dissolution of marriage case.

[2] The requirement for a hearing on exceptions to a master's report is mandatory under Florida Rule of Civil Procedure 1.490(h).

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

Key Quotes

“If exceptions are filed, they shall be heard on reasonable notice by either party.”

This is the mandatory language of Rule 1.490(h) requiring a hearing on exceptions to a master's report.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

After a hearing before a general master on the wife's motion for temporary relief, the master filed a report recommending that the husband pay tempora…

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.


Opinion of the Court
DOWNEY, Judge.

DOWNEY, Judge.

The husband has filed this non-final appeal to obtain reversal of a lower court order denying his objections to a general master’s report awarding temporary relief in a dissolution of marriage case.

After a hearing on the wife’s motion for temporary relief, the general master filed his report recommending that the husband pay temporary alimony, child support, and monthly mortgage and utility payments. The husband duly filed exceptions to the report, which were noticed for hearing before the court. Prior to the hearing the husband moved for a continuance because his counsel was confined in North Broward Hospital. The trial judge called counsel in the hospital to see if he could make his argument on the telephone but counsel declined to do so. Thereupon, the court considered the exceptions without a hearing, based solely upon the evidence adduced before the master, and ruled in favor of the wife.

The husband contends the court erred a) in deciding his exceptions without a hearing, and b) in approving the awards recommended by the master. Florida Rule of Civil Procedure 1.490(h)1 provides for the filing of exceptions to a master’s report and for a hearing on said exceptions. If exceptions are filed, they are to be heard2 by the court on reasonable notice of either party. In many instances the court has discretion to consider a motion with or without a hearing; however, the rule in question wisely provides that exceptions to a master’s report shall be heard by the court on notice by either party. One criticism often directed at the Master System arises by virtue of the resort to lesser functionaries who are not judges. Parties often feel they are entitled to be heard by the judge in the case rather than by an individual functioning in some subordinate role. Whether their fears and desires are really justified is beside the point. While the use of masters has a long tradition in our jurisprudence, it has always been tightly circumscribed and limited. In order to protect a party’s right to be ultimately heard by the judge in the case, the framers of the Rules of Civil Procedure inserted the requirement that, if a party disagrees with a master’s conclusions, the judge should hear the objections before ruling thereon. Consequently, we do not believe the inclusion of the hearing requirement in Rule 1.490(h) was inadvertent.3 As this court indicated in Berk v. Berk, 423 So. 2d 1018 (4th DCA, 1982), adherence to Rule 1.490 procedures is required. Just as in Berk, where the filing of a transcript of the master’s hearing with the report was held to be mandatory, the hearing of exceptions by the court is mandatory. In view of the foregoing, we need not reach the husband’s second point.

The order appealed from is reversed and the cause is remanded with directions to afford appellant a hearing on his exceptions to the master’s report.

REVERSED AND REMANDED, with directions.

LETTS, C.J., and HURLEY, J., concur. .(h) Filing Report; Notice; Exceptions. The master shall file his report and serve copies on the parties. The parties may serve exceptions to the report within 10 days from the time it is served on them. If no exceptions are filed within the period, the court shall take appropriate action on the report. If exceptions are filed, they shall be heard on reasonable notice by either party.

. To be “heard” on one’s exceptions means to appear before the judge and present one’s argument in support of the exceptions.

. This requirement of a hearing on exceptions to a master’s report has consistently remained in the rules of procedure since at least the 1931 Chancery Act. Feuer v. Feuer, 156 Fla. 117, 22 So. 2d 641 (Fla.1945).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (14 total)

  • de Clements v. de Clements, 662 So. 2d 1276 (Fla. 3d DCA 1995)
    …-58 (same); Serge v. Robertson, 573 So. 2d 1072, 1072 (Fla. 4th [*1285] DCA 1991) (same); cf. Berk, 423 So. 2d at 1019 (indicating that the filing of a written record of the evidence by the Master is mandatory pursuant to Rule 1.490(f)); Kay v. Kay, 430 So. 2d 532 (Fla. 4th DCA 1983) (noting that the Court in Berk stated that the master’s duty to file a written record of the evidence with his or her report was mandatory). We now apply these principles to the facts of the instant appeal. VI. THE INSTANT CASE…
  • Wyman v. Wyman, 430 So. 2d 610 (Fla. 4th DCA 1983)
    …urt must grant a hearing if it is requested. Although the trial judge stated in the record that she does not afford hearings on exceptions to master’s reports, we have recently held a hearing to be mandatory if requested by either party. Kay v. Kay, 430 So. 2d 532 (4th DCA 1983). Other portions of this rule have also been held to be mandatory. For example, in Berk v. Berk, 423 So. 2d 1018 (4th DCA 1982), we held that the filing of a transcript of the evidence with the master’s report pursuant to Florida Rule…
  • Ellett v. Ellett, 546 So. 2d 1108 (Fla. 2d DCA 1989)
    …requested. See Fonte v. Alvarez, 491 So. 2d 1268 (Fla. 2d DCA 1986); Berkheimer v. Berkheimer, 466 So. 2d 1219 (Fla. 4th DCA 1985); Monyek v. Monyek, 453 So. 2d 504 (Fla. 3rd DCA 1984); Wyman v. Wyman, 430 So. 2d 610 (Fla. 4th DCA 1983); Kay v. Kay, 430 So. 2d 532 (Fla. 4th DCA 1983). The hearing requirement in the general and special master context is mandatory “[i]n order to protect a party’s right to be ultimately heard by the judge in the case_” Kay at 533. “The rule was designed to safeguard the due proc…

Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw