MURIEL PLEVY, PETITIONER,
v.
DONALD J. PLEVY, RESPONDENT

Fla. 4th DCA | 1985-04-10
No. 84-2274
ANSTEAD, C.J., and HURLEY and WALDEN, JJ., concur.
466 So. 2d 1219 Florida District Court of Appeal, Fourth District (1985) Caution
Cited by 38 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The question presented by this petition for certiorari, viz., whether a trial court may act upon a general master’s recommendation before ruling on timely filed exceptions, has been answered in the negative in Berkheimer v. Berkheimer, 466 So. 2d 1219 (Fla. 4th DCA 1985). Consequently, we quash the trial court’s order of October 15, 1984, which was entered prior to ruling on the former wife’s exceptions.

WRIT ISSUED.

ANSTEAD, C.J., and HURLEY and WALDEN, JJ., concur.


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Cited By (21 total)

  • Plevy v. Plevy, 466 So. 2d 1219 (Fla. 4th DCA 1985)
    …PER CURIAM. The question presented by this petition for certiorari, viz., whether a trial court may act upon a general master’s recommendation before ruling on timely filed exceptions, has been answered in the negative in Berkheimer v. Berkheimer, 466 So. 2d 1219 (Fla. 4th DCA 1985). Consequently, we quash the trial court’s order of October 15, 1984, which was entered prior to ruling on the former wife’s exceptions. WRIT ISSUED. ANSTEAD, C.J., and HURLEY and WALDEN, JJ., concur.…
  • Knorr v. Knorr, 751 So. 2d 64 (Fla. 2d DCA 1999)
    …n exceptions to a master’s report and recommendation. In part based on due process concerns, the language of the civil procedure rule has been held to be mandatory. See McBride v. McBride, 637 So. 2d 938 (Fla. 2d DCA 1994); Berkheimer v. Berkheimer, 466 So. 2d 1219 (Fla. 4th DCA 1985); Monyek v. Monyek, 453 So. 2d 504 (Fla. 3d DCA 1984). In this case, the circuit court departed from the essential requirements of law by holding Mr. Knorr in contempt without first conducting a hearing on his exceptions to the sp…
  • Ellett v. Ellett, 546 So. 2d 1108 (Fla. 2d DCA 1989)
    …throughout this state have uniformly interpreted rule 1.490(h) to require a mandatory hearing before the trial court on the parties’ exceptions if one is 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 manda…

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