ROBERT JOSEPH FERENCZ, APPELLANT,
v.
CANDACE CAIN FERENCZ N/K/A CANDACE KONDOR, APPELLEE
VILLANTI, Judge.
We affirm the circuit court’s pre-con-tempt enforcement order entered against the former husband, Robert Ferencz, based on the report and recommendation of the hearing officer, but we reverse that portion of the order awarding attorney’s fees to Candace Kondor, the former wife. The hearing officer had the authority to consider the issues relating to enforcement of child support, see Fla. Fam. L.R.P. 12.491(b)(1), but without the consent of both parties, he had no power to award attorney’s fees, see Oliveri v. Oliveri, 541 So. 2d 174, 175 (Fla. 4th DCA 1989). The record demonstrates that Ferencz did not consent to the hearing officer’s deciding the attorney’s fees issue. We therefore reverse the award of attorney’s fees and remand for the circuit court to determine Kondor’s entitlement to and the amount, if any, of attorney’s fees.
Reversed and remanded.
ALTENBERND, C.J., and CASANUEVA, J., Concur.
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Martinez v. Rodriguez, 927 So. 2d 93 (Fla. 3d DCA 2006)…osts and the trial court erred in adopting the hearing officer’s recommendation in that regard, because he did not consent to the hearing officer’s consideration of the issue. While there is support for the Father’s position, see Ferencz v. Ferencz, 897 So. 2d 558 (Fla. 2d DCA 2005); Oliveri v. Oliveri, 541 So. 2d 174 (Fla. 4th DCA 1989), we need not decide that issue, as we conclude that the Father waived any objection to the hearing officer’s consideration of the matter by failing to object when it was addr…
Authorities Cited
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