THELMA W. WECHSLER, APPELLANT,
v.
IRVING A. WECHSLER, APPELLEE
PER CURIAM.
After the wife’s attorney discovered he had not been served with an order denying his client’s exceptions to a general master’s report, as required by Florida Rule of Civil Procedure 1.080(h), he filed a motion for relief of the order pursuant to Florida Rule of Civil Procedure 1.540(b) asserting that as a result of the foregoing, the wife was denied her right to appellate review of the order. Because the husband’s response thereto conceded the truth of the allegation, the trial court should have concluded upon the pleadings that the wife was entitled to be relieved from the undiscovered effects of the order. Rogers v. First National Bank v. Winter Park, 232 So. 2d 377 (Fla.1970); Gibson v. Buice, 381 So. 2d 349 (Fla. 5th DCA 1980).
Accordingly, we reverse and vacate the trial court order and remand this cause to the trial court for entry of an order which will provide the appellant with an avenue for a direct appeal. See Gibson, supra, at 351.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Hialeah Hotel, Inc. v. Woods, 778 So. 2d 314 (Fla. 3d DCA 2000)…43 So. 2d 784 (Fla. 3d DCA 1989); Southeastern Fidelity Ins. Co. v. Truck Ins. Exchange, 521 So. 2d 306 (Fla. 3d DCA 1988); Spanish Oaks Condominium Assoc., Inc. v. Compson of Florida, Inc., 453 So. 2d 838 (Fla. 4th DCA 1984); Wech-sler v. Wechsler, 436 So. 2d 1090 (Fla. 3d DCA 1983); Gibson v. Buice, 381 So. 2d 349 (Fla. 5th DCA 1980); Woldarsky v. Woldarsky, 243 So. 2d 629 (Fla. 1st DCA 1971); Henry P. Trawick, Jr., Trawick’s Florida Practice and Procedure § 26-8, at 463 (1998 ed.); Bruce J. Berman, Florida…
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Rosso v. Golden Surf Towers Condo. Ass'n, 711 So. 2d 1298 (Fla. 4th DCA 1998)…the entry of the order too late to appeal, order denying motion to vacate was held to be an abuse of discretion and case was remanded for entry of an order under Rule 1.540(b) to thereby give defendant time to file an appeal); Wechsler v. Wechsler, 436 So. 2d 1090 (Fla. 3d DCA 1983), (where a wife’s attorney con-cededly not served with an order denying exceptions to a general master’s report as required by the rule, denial of a motion for relief from judgment reversed for new order to permit the wife to appea…
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Ric Hollifield v. Renew & Co., Inc., 18 So. 3d 616 (Fla. 1st DCA 2009)…1st DCA 2003) (commenting that, because underlying order was non-final, “a motion [for relief pursuant to rule 1.540] addressed to it is not a motion seeking relief from a final judgment, order, decree or proceeding”). But see Wechsler v. Wechsler, 436 So. 2d 1090, 1091 (Fla. 3d DCA 1983) (holding, without elaboration, that party was entitled to relief under rule 1.540(b) from order denying exceptions to general master’s report). To respondents, the trial court granted relief that the rule does not authorize.…
Authorities Cited
- Robert M. Gibson et ux. v. Buice, 381 So. 2d 349 (Fla. 5th DCA 1980)
- Inger Rogers v. First Nat'l Bank AT Winter Park, 232 So. 2d 377 (Fla. 1970)