GLENN WILSON A/K/A GLENN WILSON, SR., APPELLANT,
v.
CAROL LYNN MCKAY F/K/A CAROL LYNN WILSON, APPELLEE
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Glenn Wilson appeals a post-judgment order in which the trial court referred the issue of attorney's fees and costs to a general master without his consent, violating Florida Rule of Civil Procedure 1.490(c). The appellate court reversed, holding that the reference to the master was improper and remanded for the trial court to decide the fee motion.
The trial court erred in referring the attorney's fees and costs determination to a general master without the husband's consent. The husband's timely written objection filed prior to the hearing prevented any reference to the master under Florida Rule of Civil Procedure 1.490(c). The husband did not waive his objection by participating in the hearing after filing his written objection.
[1] A reference to a general or special master requires the consent of all parties.
[2] A party does not waive the right to object to a reference to a master by participating in a hearing after filing a timely objection.
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Join FLexlaw to unlock all legal intelligence“No reference shall be to a master, either general or special, without the consent of the parties.”
States the mandatory rule that prohibits referral to a master without party consent, which the trial court violated.
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Join FLexlaw to unlock all legal intelligenceFollowing entry of a judgment of dissolution of marriage, the parties filed numerous post-judgment motions. The trial court referred several matters t…
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PER CURIAM.
Glenn Wilson appeals a post-judgment order approving the general master’s report and awarding attorney’s fees and costs pursuant to that report to his former wife, Carol McKay.
Subsequent to the entry of a judgment of dissolution of marriage, the parties filed numerous post-judgment motions.
The trial court referred several matters to a general master.
On July 31, 1989, the trial court approved the general master’s report of February 21 and ordered that the general master retain jurisdiction to determine entitlement to attorney’s fees.
On August 10, the wife filed a motion for attorney’s fees and costs; on August 21, the husband filed an objection to the general master conducting the hearing on fees. Despite the objection, the general master held a hearing on attorney’s fees on October 27, and on November 6, 1989, the general master filed a report recommending an award to the wife of $28,000 for attorney’s fees and $1,360 for costs.
The trial court overruled the husband’s objections to the reference of the fee question to the master and approved the report.
We reverse.
Florida Rule of Civil Procedure 1.490(c) expressly provides that “No reference shall be to a master, either general or special, without the consent of the parties.” The husband argues that he did not consent and timely objected to the hearing before the general master.
We agree. “[A] ‘timely objection’ may come at any time before the hearing before the general master commences.” Bathurst v. Turner, 533 So. 2d 939, 941 n. 4 (Fla. 3d DCA 1988). Here, the husband filed a written objection prior to the hearing.
Thus, the trial court erred in overruling the husband’s objections and approving the report’s provisions pertaining to attorney’s fees and costs. Kuper v. Kuper, 564 So. 2d 159 (Fla. 3d DCA 1990); Bathurst; Slattery v. Slattery, 528 So. 2d 1377 (Fla. 4th DCA 1988); Fla.R.Civ.P. 1.490(c).
Furthermore, the husband did not waive his right to object by participating in the hearing after filing his objection. Kuper; see Bathurst, 533 So. 2d at 941 n. 3; cf. Goldfarb v. Agran, 546 So. 2d 24, 25 n. 1 (Fla. 3d DCA 1989) (where husband did not object to ex-parte referral to general master “[he] waived any objections he may have had ... by voluntarily participating in the hearing before the general master.”); Cox v. Cox, 490 So. 2d 1051 (Fla. 4th DCA 1986).
Accordingly, we reverse the trial court order approving the general master’s report with respect to the attorney’s fee and cost award and remand for the trial court to consider and decide the wife’s motion for attorney’s fees and costs.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
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Horton v. Horton, 576 So. 2d 313 (Fla. 3d DCA 1990)…PER CURIAM. Affirmed. See Wilson v. McKay, 568 So. 2d 102 (Fla. 3d DCA 1990) [15 FLW D2580]; Bathurst v. Turner, 533 So. 2d 939 (Fla. 3d DCA 1988).…
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Rosen v. The Honorable Harold Solomon, 586 So. 2d 1348 (Fla. 3d DCA 1991)…ter in flimsy semantic disguise — to resolve discovery disputes cannot be enforced in the face of the specific pre-hearing objections filed by the defendants-petitioners. Bathurst v. Turner, 533 So. 2d 939 (Fla. 3d DCA 1988); accord Wilson v. McKay, 568 So. 2d 102 (Fla. 3d DCA 1990) (agreement to previous order of reference does not waive objection to subsequent order); Kuper v. Kuper, 564 So. 2d 159 (Fla. 3d DCA 1990); Slattery v. Slattery, 528 So. 2d 1377 (Fla. 4th DCA 1988). Accordingly, mandamus is grante…
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Prater v. Lehmbeck, 615 So. 2d 760 (Fla. 4th DCA 1993)…not re [*762] quired under the circumstances of this case. The futility of objecting was obvious. Furthermore, having suffered a denial of his objections, the father's active participation in the referred proceeding is not a waiver. Wilson v. McKay, 568 So. 2d 102 (Fla. 3d DCA 1990); Kuper v. Kuper, 564 So. 2d 159 (Fla. 3d DCA 1990). The father’s second attack upon the order appealed from involves the award of the cost of confinement and expense incident to the birth of the child. It should be remembered th…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Johnson, 533 So. 2d 939 (Fla. 3d DCA 1988)
- State v. Wayda, 533 So. 2d 939 (Fla. 3d DCA 1988)
- Hans v. State, 490 So. 2d 1051 (Fla. 4th DCA 1986)
- Womble v. Womble, 546 So. 2d 24 (Fla. 5th DCA 1989)
- Smith v. State, 528 So. 2d 1377 (Fla. 4th DCA 1988)
- Slattery v. Slattery, 528 So. 2d 1377 (Fla. 4th DCA 1988)
- McKNIGHT v. State, 564 So. 2d 159 (Fla. 3d DCA 1990)
- Kuper v. Kuper, 564 So. 2d 159 (Fla. 3d DCA 1990)