MARIO CALDERON, PETITIONER,
v.
STUART R. KALB, TRUSTEE AS ASSIGNEE OF SUMMAR FINANCIAL LLC, RESPONDENT
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SCHWARTZ, Senior Judge.
An impleaded defendant in proceedings supplementary to execution under section 56.29, Florida Statutes, seeks relief from an order appointing a special magistrate to conduct the examination of assets provided by the statute. The basis of the objection is that the petitioner did not consent to the appointment. See Fla. R. Civ. P. 1.490(c); Rosen v. Solomon, 586 So. 2d 1348 (Fla. 3d DCA 1991), review denied, 598 So. 2d 78 (Fla.1992); Pesut v. Miller, 773 So. 2d 1185 (Fla. 2d DCA 2000). Consent, however, is not required in this instance simply because the statute, which obviously trumps the rule, see 12A Fla. Jur.2d, Courts and Judges, § 214 (2005), does not require it. See RPS, Inc. v. Travel Max Int'l, Inc., 823 So. 2d 243 (Fla. 4th DCA 2002). Therefore, the primary relief sought is denied.
By agreement of the parties, however, that portion of the order under review sanctioning the petitioner by requiring him to prepay the costs of the special magistrate is vacated. The costs issue shall be determined in the usual course at the conclusion of the proceeding.
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Citator
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PMI Mortg. Ins. Co. v. Kahn, 26 So. 3d 25 (Fla. 3d DCA 2009)…strate, but the costs may be taxed against the defendant.” 3 The trial court correctly ordered PMI to pay the fee. PMI may recover the fee from the judgment debtor as costs at the conclusion of the proceedings supplementary. Id,.; Calderon v. Kalb, 963 So. 2d 857 (Fla. 3d DCA 2007). Affirmed. . PMI's motion for proceedings supplementary specifically referred to examination before the court or a "special magistrate.” Subsection 56.29(2), Florida Statutes (2006), allows the examination to be conducted by the…
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Bateman v. Regions Bank (Fla. 1st DCA 2023)…tions involving the collection of unsatisfied judgments. See § 56.29(4), Fla. Stat. (authorizing special magistrates where a judgment creditor holds an unsatisfied judgment or judgment lien and initiates proceedings supplementary); Calderon v. Kalb, 963 So. 2d 857, 857 (Fla. 3d DCA 2007) (allowing the appointment of a special magistrate without petitioner’s consent in proceedings supplementary). _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App.…
Authorities Cited
- Pesut v. Miller, 773 So. 2d 1185 (Fla. 2d DCA 2000)
- RPS, Inc. v. Travel MAX Int'l, Inc., 823 So. 2d 243 (Fla. 4th DCA 2002)
- 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)