JEFFREY H. MERIAN, APPELLANT,
v.
SUZANNE M. MERHIGE, F/K/A SUZANNE M. MERIAN, APPELLEE
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The court held that the former husband's exceptions to the general master's report were timely filed, and the trial court erred in striking them.
The former husband filed exceptions to a general master's report, but the trial court struck them as untimely. The general master acknowledged potenti…
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PER CURIAM.
Appellant, Jeffrey H. Merian (former husband), appeals the trial court’s order adopting a general master’s report and recommendation. We reverse and remand.
This cause, refined to its simplest form, deals with fundamental due process and the right to be heard. Here, the former husband filed his exceptions to a general master’s report. Fla.R.Civ.P. 1.490(h). The trial court granted the former wife’s motion to strike the exceptions as untimely. Thereafter, over the former husband’s protestations, the court essentially rubberstamped1 the general master’s report and recommendations.
However, the general master acknowledged that the copies of his report were not mailed on the date of the certificate of service and his secretary testified that the copies could have been mailed as late as seven days. Because of these facts, we find that the exceptions were timely filed. Fla. R.Civ.P. 1.490(h).
Based upon the foregoing and this court’s adherence to article 1, section 21 of the Florida Constitution, which mandates the public’s right of access to the courts, we reverse the trial court’s order adopting the general master’s report and remand for a complete hearing on the former husband’s exceptions.
Reversed and remanded with directions.
. For example, the trial court ordered that the former husband must pay compound interest" on a judgment, without a foundation in law, or fact.
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Merian v. Merhige, 690 So. 2d 678 (Fla. 3d DCA 1997)…ed and remanded. . On appeal to this court, the arrearage amounts were reduced. Merian v. Merhige, 671 So. 2d 175 (Fla. 3d DCA 1996). The remainder of the order was affirmed. The father prevailed on an earlier procedural appeal. Merian v. Merhige, 641 So. 2d 475 (Fla. 3d DCA 1994). . The quoted version of Rule 9.600(c) took effect January 1, 1997. Amendments to the Florida Rules of Appellate Procedure, 685 So. 2d 773, 829-30 (Fla.1996). The prior version of the rule was substantially identical to the quote…