STATE OF FLORIDA, APPELLANT,
v.
V.R., A CHILD, APPELLEE

Fla. 4th DCA | 2004-02-11
No. 4D02-2759
FARMER, C.J., and SHAHOOD, J., concur.
866 So. 2d 1248 Florida District Court of Appeal, Fourth District (2004) Positive Treatment
Cited by 3 cases
Opinion of the Court
MAY, J.

MAY, J.

The State appeals an order granting the defendant’s motion for discharge. It argues that the trial court misapplied Florida Rule of Juvenile Procedure 8.090 (the juvenile speedy trial rule) to the facts of this case. Based upon this court’s recent en banc decision in C.D. v. State, 865 So. 2d 605 (Fla. 4th DCA 2004), we agree and reverse for reinstatement of the charges against V.R.1

REVERSED.

FARMER, C.J., and SHAHOOD, J., concur. . We are aware that at the time of the ruling, this court had not issued its opinion in C.D., which receded from case law relied upon by the trial court.

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  • Garcia v. Garcia, 958 So. 2d 947 (Fla. 3d DCA 2007)
    …t aside” the objection and ordered the general magistrate to retain jurisdiction. Because the former wife properly objected, she was entitled to have the matter heard before a circuit court judge.1 See Christ, 939 So. 2d at 256; Swezy v. Bart-Swezy, 866 So. 2d 1248, 1249 (Fla. 4th DCA 2004). Although the general magistrate correctly returned the matter to the trial court after the former wife filed a timely objection to the referral order, the final act of the trial court was to “set aside” the former wife’s…
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    …objection to the order of referral to the general master. A referral to the general master requires the consent of all parties; and without this consent, the trial court lacks discretion to refer the matter to a general master. Swezy v. Bart-Swezy, 866 So. 2d 1248 (Fla. 4th DCA 2004). Florida Family Law Rule 12.490(b) provides in part: (1) No matter shall be heard by a general master without an appropriate order of reference and the consent to the referral of all parties. Consent, as defined in this rule, t…
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