LOIS B. MODEL, APPELLANT,
v.
LOUIS J. MODEL, APPELLEE
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A general master's report filed after his resignation is a nullity, and the trial court erred in modifying the master's recommendations without a record before it; the case is reversed and remanded.
A general master's report signed and filed after the master's resignation is void and cannot serve as a basis for trial court orders.
[1] A general master's report executed and filed after the master's resignation is void and cannot support trial court orders, and the trial court errs in modifying a master'…
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Join FLexlaw to unlock all legal intelligence“The action of the former general master in signing and filing what purported to be a report subsequent to his resignation was a nullity.”
Court's holding on the validity of the master's post-resignation report
Following a final divorce judgment, both parties petitioned for various forms of relief. A general master conducted a hearing on these matters but res…
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BARKDULL, Judge.
Subsequent to a final judgment of divorce, each of the parties petitioned the court for various forms of relief. The matter was referred to a general master. After a hearing on the several matters, the general master resigned before rendering a report. He thereafter signed what purported to be a general master report containing findings of fact and recommendations. Following the filing of exceptions, the trial court modified the recommendations of the master without a record before it.1 An appeal and a cross appeal had been filed to these orders. The action of the former general master in signing and filing what purported to be a report subsequent to his resignation was a nullity. See and compare Silvern v. Silvern, 252 So. 2d 865 (Fla. 3d DCA 1971); Heerdegen v. Loreck, 17 App.Div. 515, 45 N.Y.S. 585 (1897); Anno. 22 A.L.R.3d 922, 939 § 4(a); Anno. 70 A.L.R.3d 1079, 1097 § 11.
Therefore the trial court’s orders here under review are reversed and the cause remanded for further proceedings on the respective parties pending motions.
Reversed and remanded.
. Even if a valid report had been filed, the trial court erred in' setting aside the finding without a transcript before it. Ben-Hain v. Tacher, 418 So. 2d 1107 (Fla. 3d DCA 1982); Ferris v. Ferris, 417 So. 2d 1066 (Fla. 4th DCA 1982); Claughton v. Claughton, 347 So. 2d 437 (Fla. 3d DCA 1977).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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de Clements v. de Clements, 662 So. 2d 1276 (Fla. 3d DCA 1995)…rovided to the trial court by the party making exceptions to the Master’s report. See Knupp v. Knupp, 625 So. 2d 865 (Fla. 3d DCA 1993); Mestre Rental Co. v. Resources Recovery (Dade County), Inc., 568 So. 2d 1344 (Fla. 3d DCA 1990); Model v. Model, 472 So. 2d 867 (Fla. 3d DCA 1985); Ferris v. Ferris, 417 So. 2d 1066 (Fla. 4th DCA 1982); Ben-Hain v. Tacher, 418 So. 2d 1107 (Fla. 3d DCA 1982); Sitomer v. Sitomer, 397 So. 2d 373 (Fla. 4th DCA 1981). This court now places a new interpretation on Rule 1.490(f), F…1 / 2
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Knupp v. Galen A. Knupp, 625 So. 2d 865 (Fla. 3d DCA 1993)…ence of such a record, the trial court is required to overrule the party’s exceptions and accept the general master’s report. See, e.g., Mestro Rental Co. v. Resources Recovery (Dade County), Inc., 568 So. 2d 1344 (Fla. 3d DCA 1990); Model v. Model, 472 So. 2d 867, 867 n. 1 (Fla. 3d DCA 1985); Ben-Hain v. Tacher, 418 So. 2d 1107 (Fla. 3d DCA 1982); Ferris v. Ferris, 417 So. 2d 1066 (Fla. 4th DCA 1982); Sitomer v. Sitomer, 397 So. 2d 373 (Fla. 4th DCA 1981). This is akin to the duty of the appellant to provide…
Authorities Cited
- Perez v. State, 418 So. 2d 1107 (Fla. 3d DCA 1982)
- Claughton v. Claughton, 347 So. 2d 437 (Fla. 3d DCA 1977)
- Silvern v. Silvern, 252 So. 2d 865 (Fla. 3d DCA 1971)
- Ferris v. Ferris, 417 So. 2d 1066 (Fla. 4th DCA 1982)