RUSSELL E. DENT, APPELLANT,
v.
KAREN LYNN DENT, APPELLEE

Fla. 4th DCA | 1983-09-21
No. 83-585
GLICKSTEIN and WALDEN, JJ., concur.
438 So. 2d 903 Florida District Court of Appeal, Fourth District (1983) Positive Treatment
Cited by 28 cases

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Synopsis

In a dissolution of marriage proceeding, the appellate court reversed the trial court's modification of a master's support and attorney's fee order, holding that the trial court improperly substituted its judgment for the master's factual findings despite adequate evidentiary support.


Holding

The trial court erred in substituting its judgment for the master's factual findings. When a master's findings are supported by competent evidence, the trial court is bound by those findings and may only overturn them if they are clearly erroneous or based on legal mistakes. Here, the master's findings had adequate evidentiary support, so reversal was required.


Headnotes

[1] A trial court is bound by a master's factual findings when those findings are supported by competent evidence.

[2] A trial court should not overturn a master's findings of fact unless they are clearly erroneous.

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Key Quotes

“The law is clear that the trial court should approve a master's findings of fact and recommendations, unless the master has misconceived the legal effect of the evidence. This is so because the master is in a better position to make determinations of fact, having seen the witnesses and listened to the testimony. The trial court will not overturn the master's findings unless they are clearly erroneous.”

Establishes the standard that trial courts must defer to masters' factual findings when supported by competent evidence, unless clearly erroneous

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Facts & Procedural History

The husband filed for dissolution of marriage in October 1981. The parties initially agreed to a preliminary settlement providing for support. A maste…

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Opinion of the Court
BERANEK, Judge.

BERANEK, Judge.

This is an interlocutory appeal from a temporary support and attorney’s fee order in a contested dissolution of marriage proceeding. The husband filed a petition for dissolution of marriage in October, 1981, and the parties entered into a preliminary and partial marital settlement agreement which provided for support. Eventually, after expiration of the agreement, issues as to the amount of support were considered by a master who entered two reports. Both husband and wife filed exceptions to the reports of the master, and a hearing on those exceptions took place before the circuit court. The court sustained the wife’s exceptions and entered an order increasing the amounts previously determined by the general master. The hearing before the circuit court consisted of argument of counsel and demonstrated that there had been substantial conflict in the evidence before the master. On appeal the husband asserts the trial court erred in considering letters from opposing counsel while the exceptions were under advisement. While we do not condone sending letters to judges in the abstract, no error has been made to appear on this issue herein. Both sides sent letters and they were in the nature of supplements to the previous arguments.

The husband also asserts that the court erred because the master’s findings were amply supported by evidence and because there had been no mistakes of law. The law of this state is that the trial court is bound by a master’s factual findings when they are supported by competent evidence. This court has so held in Fodor v. Fodor, 379 So. 2d 466 (Fla. 4th DCA 1980), and Sitomer v. Sitomer, 397 So. 2d 373 (Fla. 4th DCA 1981). In Fodor, we stated at 468:

The law is clear that the trial court should approve a master’s findings of fact and recommendations, unless the master has misconceived the legal effect of the evidence. This is so because the master is in a better position to make determinations of fact, having seen the witnesses and listened to the testimony. The trial court will not overturn the master’s findings unless they are clearly erroneous. (Citations omitted.)

The opinion in Sitomer reaches the same conclusion. “[A] trial judge may not reject a master’s findings of fact unless the court concludes that the findings of fact are clearly erroneous.” (Id. at 374).

Appellee in the instant case at no time alleged errors of law with respect to the general master’s report regarding temporary support. She complained mainly with regard to the master’s factual findings. As stated in Matos v. Matos, 421 So. 2d 180, 184 (Fla. 2d DCA 1982);

[WJhere the trial judge chooses to appoint a master to hear the testimony and make findings of fact and determinations based thereon, the trial judge loses the prerogative of substituting his judgment, call, or determination in lieu of those lawfully reached by the master. His role essentially is the same, in these respects, as those of this court in reviewing the trial judge’s findings and determinations had he personally heard the testimony. (Emphasis supplied.)

The master’s factual findings indicate that he concluded that the husband had the ability to pay support to his wife and children in the amount of $2,365 per month and maintain the mortgage payments on the former marital residence, in addition to maintaining a condominium, the New Jersey home, and a Georgia residence occupied by the husband’s mother. The trial judge, however, overturned these findings of the master and ordered additional support. There was adequate evidence to support the master’s findings and the court erred in substituting its judgment of the conflicting evidence for that of the master. The order below is thus reversed and the matter remanded for further proceedings. In view of this reversal, the court’s order awarding the wife attorney’s fees is also vacated subject to reconsideration on remand.

REVERSED AND REMANDED.

GLICKSTEIN and WALDEN, JJ., concur.

Other

This court’s order on attorneys’ fees entered September 21, 1983, is clarified as follows. The motion for fees filed in this court by Karen Lynn Dent is hereby granted, and the amount of said appellate attorneys’ fees shall be set by the trial court after further hearing. The trial court’s assessment of appellate fees of $3,500 by order of April 26, 1983, is set aside, and the amount of the fee shall be reset taking into consideration the fact that the wife was unsuccessful in defending the husband’s interlocutory appeal. The opinion of this court of September 21, 1983, was not in reference to appellate fees.


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Citator

Cited By (14 total)

  • Bragassa v. Bragassa, 505 So. 2d 556 (Fla. 3d DCA 1987)
    …the prerogative of substituting its judgment for that of the master’s. Matos v. Matos, 421 So. 2d 180, 184 (Fla. 2d DCA 1982). The court is thereafter bound by the master’s factual findings if they are supported by competent evidence. Dent v. Dent, 438 So. 2d 903, 904 (Fla. 4th DCA 1983), rev. dismissed, 461 So. 2d 114 (Fla.1984). The master’s findings cannot be overturned by the trial court unless the findings are clearly erroneous. Fodor v. Fodor, 379 So. 2d 466, 468 (Fla. 4th DCA 1980). The master’s fin…
  • Garcia v. Garcia, 743 So. 2d 1225 (Fla. 4th DCA 1999)
    …issues, the trial court is bound by the general master’s factual findings unless they are not supported by competent substantial evidence or are clearly erroneous. See Zdravkovie v. Zdravkovic, 684 So. 2d 822, 822 (Fla. 4th DCA 1996); Dent v. Dent, 438 So. 2d 903, 904 (Fla. 4th DCA 1983). The trial court should approve the master’s factual findings and recommendations unless the master has “misconceived the legal effect of the evidence.” Fodor v. Fodor, 379 So. 2d 466, 468 (Fla. 4th DCA 1980) (citation omitt…
  • Reece v. Reece, 449 So. 2d 1295 (Fla. 4th DCA 1984)
    …asis for a determination that any of the master’s findings, conclusions, or recommendations were clearly erroneous. Under the circumstances we conclude that the trial court abused his discretion in reducing the amount of child support. Dent v. Dent, 438 So. 2d 903 (Fla. 4th DCA 1983). Because we need not, we do not decide whether the trial court must provide a hearing before departing from the recommendations contained in a master’s report. Rule 1.490(h), Florida Rules of Civil Procedure provides for the fil…

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