LIEF GORDIN, APPELLANT,
v.
GORDIN INTERNATIONAL, INC., ET AL., APPELLEES
PER CURIAM.
The husband appeals from an order confirming a general master’s report. There was no written record or recording of the master’s hearing as required by 1.490(f), Florida Rules of Civil Procedure. Although the general master did make some sketchy, handwritten notations of the proceeding, these were patently insufficient to constitute a record of the evidence. Nevertheless, the trial court accepted the master’s report, noting some uneasiness over the master’s failure to maintain a record. We reverse.
A master must file a written record of the evidence along with the report. E.g., Berk v. Berk, 423 So. 2d 1018 (Fla. 4th DCA 1982); Rule 1.490(f), Fla.R.Civ.P. The master is responsible for ensuring that a written record is produced. Petrakis v. Petrakis, 597 So. 2d 856 (Fla. 3d DCA 1992). This requirement is not discretionary. Berk.
ANSTEAD,' LETTS and STONE, JJ., concur.
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de Clements v. de Clements, 662 So. 2d 1276 (Fla. 3d DCA 1995)…her report, a written record of the evidence and testimony presented before it. See Zebracki v. Zebracki, 648 So. 2d 850 (Fla. 4th DCA 1995); Knupp, 625 So. 2d at 867; Lopez v. Lopez, 622 So. 2d 153 (Fla. 3d DCA 1993); Gordin v. Gordin Int’l, Inc., 605 So. 2d 154, 155 (Fla. 4th DCA 1992). To sanction a judgment in accordance with a General Master’s report, without the trial court having had the benefit of a complete record before it, would be in direct derogation of a litigant’s constitutional right to have…
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Knupp v. Galen A. Knupp, 625 So. 2d 865 (Fla. 3d DCA 1993)…n the evidence as it unfolds at the hearing — so that the objecting party may then take the necessary steps to provide the trial court with an appropriate record to support the party’s exceptions to the master’s report. Gordin v. Gordin Int'l, Inc., 605 So. 2d 154 (Fla. 4th DCA 1992); Petrakis v. Petrakis, 597 So. 2d 856 (Fla. 3d DCA 1992). As previously stated, the question presented by this case is whether a party may, through counsel, validly waive the requirement for a written record of the master’s proc…
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Lesiley Corner & the Dep't of Health & Rehabilitative Servs. v. Hunter, 605 So. 2d 603 (Fla. 3d DCA 1992)…adequate record of the entire proceedings before the general master, the denial of the motion to vacate the award, be and the same is hereby reversed. See Petrakis v. Petrakis, 597 So. 2d 856 (Fla. 3d DCA 1992); Gordin v. Gordin International, Inc., 605 So. 2d 154 (Fla. 4th DCA 1992). Accordingly, the matter is returned to the trial court for further proceedings,…
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- Seena Tonkin Berk v. Berk, 423 So. 2d 1018 (Fla. 4th DCA 1982)
- Elio Calzadilla v. Lewis, 597 So. 2d 856 (Fla. 3d DCA 1992)