GEORGE RICHARD HANOR, PETITIONER,
v.
THE HONORABLE HARRY G. HINCKLEY, JR., CIRCUIT JUDGE OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA, RESPONDENT
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[*1130] DOWNEY, Judge.
By petition for writ of mandamus George Richard Hanor seeks to require The Honorable Harry G. Hinckley, Jr., Circuit Judge, to hear all matters in this case without referral to a master unless consented to by all of the parties.
It appears that the trial judge referred several aspects of the case, i.e., temporary alimony and attorney’s fees, to a master over the objection of Hanor. Reference under those circumstances is prohibited by Florida Rule of Civil Procedure 1.490(c). Taylor v. Taylor, 569 So. 2d 1389 (Fla. 4th DCA 1990); Murphy v. Murphy, 558 So. 2d 532 (Fla. 4th DCA 1990).
Accordingly, the writ shall issue. Pursuant thereto, the trial court shall vacate the order of reference and proceed in conformity with this opinion.
DELL and GUNTHER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Pesut v. Miller, 773 So. 2d 1185 (Fla. 2d DCA 2000)…reference of these issues to the special master. See Fla. R. Civ. P. 1.490(c). Precedent requires that we grant the writ of mandamus and compel the trial court to resolve these disputes without the help of the special master. See Honor v. Hinckley, 584 So. 2d 1129 (Fla. 4th DCA 1991); Taylor v. Taylor, 569 So. 2d 1389 (Fla. 4th DCA 1990); Bathurst v. Turner, 533 So. 2d 939 (Fla. 3d DCA 1988). The Respondent filed a lawsuit against Daniel S. Pesut and several other defendants essentially alleging that Mr. Pes…
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Novartis Pharms. Corp. v. Carnoto, 798 So. 2d 22 (Fla. 4th DCA 2001)…resolve issues without a special master when the trial court has referred such issues to resolution by special master without the consent of both sides to a dispute. See, e.g., Pesut v. Miller, 773 So. 2d 1185 (Fla. 2d DCA 2000); Hanor v. Hinckley, 584 So. 2d 1129 (Fla. 4th DCA 1991); Taylor v. Taylor, 569 So. 2d 1389 (Fla. 4th DCA 1990); Bathurst v. Turner, 533 So. 2d 939 (Fla. 3d DCA 1988). These authorities are based on rule 1.490(c), Florida Rules of Civil Procedure, which provides that no reference shall…
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Campbell v. Wells Fargo Bank, N.A., 204 So. 3d 476 (Fla. 4th DCA 2016)…ule. In Novartis, established precedent had recognized mandamus as a means to compel a trial court to exercise its clear ministerial duty to hear a matter -that was not subject to referral to a magistrate. 798 So. 2d at 23 (citing Honor v. Hinckley, 584 So. 2d 1129 (Fla. 4th DCA 1991)) (additional citations omitted). Likewise, in Hicks, the petition sought mandamus to compel the trial court to exercise its clear ministerial duty to hold' a hearing required by law. 710 So. 2d at 993. As we have explained, “[c]e…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Taylor v. Taylor, 569 So. 2d 1389 (Fla. 4th DCA 1990)
- Jenkins v. State, 569 So. 2d 1389 (Fla. 4th DCA 1990)
- Murphy v. James H. Murphy and the Honorable Gene Fischer, 558 So. 2d 532 (Fla. 4th DCA 1990)
- Jones v. State, 558 So. 2d 532 (Fla. 2d DCA 1990)