AFFORDABLE CONTRACTING, INC., AND JAMES D. FORD, INDIVIDUALLY, APPELLANTS,
v.
JOSEPH SANTARSIERE, APPELLEE
Explore caselaw by topic → Browse Special Master'S Report cases and more on FLexlaw
PER CURIAM.
Affordable Contracting, Inc., and James Ford, [collectively “defendants”] appeal an order denying their motion to vacate the special master’s report and the order approving the report. We reverse.
The trial court granted defense counsel’s motion to withdraw and allotted defendants twenty days to obtain new counsel. During that time frame when defendants were unrepresented, the special master conducted a hearing and issued a report on a pending motion concerning defendants’ alleged discovery violations, and the trial court entered an order approving the report. Pursuant to Dunker v. Calkins, 691 So. 2d 1090 (Fla. 3d DCA 1996), and cited cases, the special master and the trial court should have deferred action on the pending matter during the twenty-day interval. Accordingly, the order denying defendants’ motion to vacate must be reversed.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Saffar v. Shiran Atias (Fla. 3d DCA 2023)…e Dismissal Order. The trial court should have deferred action on Premier’s rule 1.420(b) motion during the thirty-day window that the Withdrawal Order provided for the Saffars to obtain new counsel. See Affordable Contracting, Inc. v. Santarsiere, 693 So. 2d 1123, 1123 (Fla. 3d DCA 1997) (concluding that, after the trial court granted defense counsel’s motion to withdraw and allotted the defendants time to obtain new counsel, the trial court should have deferred ruling on a pending motion concerning the defe…
Authorities Cited
- Dunker v. Calkins, 691 So. 2d 1090 (Fla. 3d DCA 1996)
- Ingraham v. State, 691 So. 2d 1090 (Fla. 3d DCA 1997)