ROBERT B. SERGE, APPELLANT,
v.
FRANCES A. ROBERTSON, A/K/A FRANCES A. EWING, APPELLEE
ROBERT B. SERGE, APPELLANT,
FRANCES A. ROBERTSON, A/K/A FRANCES A. EWING, APPELLEE
573 So. 2d 1072
Florida District Court of Appeal, Fourth District (1991)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We reverse the trial court’s order ratifying a general master’s report and rejecting appellant’s exceptions to the report.
The record reflects that the appellant did not consent to a referral to the master. Nor was there any conduct on his part constituting a waiver of the referral. To the contrary, there is unrefuted evidence that he orally objected. See Bathurst v. Turner, 533 So. 2d 939 (Fla.3d DCA 1988); Fla.R.Civ.P. 1.490(c). It was error to ratify the report and reject the exceptions in the absence of a transcript or adequate written record of the master’s hearing. Fla.R. Civ.P. 1.490(f).
STONE, WARNER and POLEN, JJ., concur.
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)…cki, 648 So. 2d 850, 850 (Fla. 4th DCA 1995) (reversing a trial court order which adopted a Master’s report where the Master failed to file a written record of the evidence with the report); Petrakis, 597 So. 2d at 857-58 (same); Serge v. Robertson, 573 So. 2d 1072, 1072 (Fla. 4th [*1285] DCA 1991) (same); cf. Berk, 423 So. 2d at 1019 (indicating that the filing of a written record of the evidence by the Master is mandatory pursuant to Rule 1.490(f)); Kay v. Kay, 430 So. 2d 532 (Fla. 4th DCA 1983) (noting that…
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Gordon v. State, 594 So. 2d 262 (Fla. 1992)…HARDING, Justice. We have for review Gordon v. State, 573 So. 2d 1072 (Fla. 4th DCA 1991), which certified the same question of great public importance we have answered in Barfield v. State, 594 So. 2d 259 (Fla.1992). We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution. Willie Gordon (Go…
Authorities Cited
- State v. Johnson, 533 So. 2d 939 (Fla. 3d DCA 1988)
- State v. Wayda, 533 So. 2d 939 (Fla. 3d DCA 1988)