WILLIAM D. MEENAN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JEAN RICH-MEENAN AND GEORGE BATCHELOR, PETITIONERS,
v.
ROBERT H. NEWMAN, AS CIRCUIT JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT, LINDA HARRINGTON, DAVID RICH, STEPHEN JOHN MEENAN AND MICHAEL RICH-MEENAN, RESPONDENTS
WILLIAM D. MEENAN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JEAN RICH-MEENAN AND GEORGE BATCHELOR, PETITIONERS,
ROBERT H. NEWMAN, AS CIRCUIT JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT, LINDA HARRINGTON, DAVID RICH, STEPHEN JOHN MEENAN AND MICHAEL RICH-MEENAN, RESPONDENTS
662 So. 2d 1320
Florida District Court of Appeal, Third District (1995)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The order of reference to a special master without consent of opposing parties was explicitly contrary to Florida Rule of Civil Procedure 1.490(c). For this reason, prohibition is granted so as to prevent respondents from further enforcing the order of reference. Moreover, we grant mandamus to compel the respondent to hear and determine the matters encompassed in the order of reference. Rosen v. Solomon, 586 So. 2d 1348 (Fla. 3d DCA 1991). We assume issuance of a formal writ will not be necessary.
Relief awarded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Daniels v. Fla. Pub. Emps. Council 79, 732 So. 2d 437 (Fla. 1st DCA 1999)…e to a special master without consent of opposing parties was contrary to Florida Rule of Civil Procedure 1.490(c). For this reason, prohibition is granted so as to prevent respondents from further enforcing the order of reference. Meenan v. Newman, 662 So. 2d 1320 (Fla. 3d DCA 1995). We assume issuance of a formal writ will not be necessary. RELIEF AWARDED. WOLF, LAWRENCE and BROWNING, JJ., concur.…
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Gilda Rosenberg v. Ileana Morales, 804 So. 2d 622 (Fla. 3d DCA 2002)…cedure 1.490(c) is very clear that the trial court cannot refer matters to a special master without the consent of both parties. See Hulett Env. Serv., Inc. v. Advantage Pest Related Serv., Inc., 778 So. 2d 478 (Fla. 4th DCA 2001); Meenan v. Newman, 662 So. 2d 1320 (Fla. 3d DCA 1995). The record here shows that Rosenberg’s counsel objected repeatedly to the special master conducting the hearing on valuation. Even the Recommendation of Special Master states that “[t]his referral was done over the objection of t…
Authorities Cited
- Julio Davila aka Jose Collazo v. State, 586 So. 2d 1348 (Fla. 3d DCA 1991)
- McINTOSH v. State, 586 So. 2d 1348 (Fla. 2d DCA 1991)