EVELYN FRANKENBERRY, APPELLANT,
v.
STELLA STERN, AS EXECUTRIX OF THE ESTATE OF THEODORE L. STERN, DECEASED, APPELLEE

Fla. | 1957-10-23
TERRELL, C. J., and THOMAS, HOB-SON, ROBERTS and THORNAL, jj., concur.
97 So. 2d 617 Florida Supreme Court (1957) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause came on to be heard on the motion of appellee to affirm the judgment appealed from and it appearing to the Court from an examination of the record that said motion is appropriate and seasonably made and that it is manifest that the questions raised on appeal are without substantial merit and need no further argument ;

It is accordingly ordered, adjudged, and decreed that the motion to affirm the appeal from be, and the same is, hereby granted, and the judgment is

Affirmed.

TERRELL, C. J., and THOMAS, HOB-SON, ROBERTS and THORNAL, jj., concur.


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  • Nw. Nat'l Ins. Co. v. Greenspun, 330 So. 2d 561 (Fla. 3d DCA 1976)
    …circuit judge may, under the provisions of R.C.P. 1.490(b), [*564] appoint special masters and that, upon a proper showing, a person other than a member of the bar may be appointed where special expertise is necessary. See Powell v. Weger, Fla.1957, 97 So. 2d 617. There is nothing in the order appealed to bring the appointment of a proposed board within the authority of this rule. We, therefore, hold that the portion of the order which directs the appointment of a board and provides for the personnel of that…
  • Nystrom v. Nystrom, 105 So. 2d 605 (Fla. 2d DCA 1958)
    …pportunity to be heard. It is now well settled that the reference of an entire cause to a master without the consent, either express or tacit, of one of the parties is erroneous. Slatcoff v. Dezen, Fla.1954, 74 So. 2d 59; Powell v. Weger, Fla.1957, 97 So. 2d 617. Due process, as well as orderly procedure, contemplates that notice and a full and fair opportunity to be heard should be given each party before any significant step is taken in the proceedings in a cause. Ryan’s Furniture Exchange v. McNair, 120…
  • Molka Reich Bare v. Bare, 120 So. 2d 186 (Fla. 3d DCA 1960)
    …xercise of the chancellor’s discretion. Reversed in part and affirmed in part and remanded to the trial court for further proceedings in accordance with this opinion. HORTON, C. J., and CARROLL, CHAS., J., concur. . See Powell v. Weger, Fla.1957, 97 So. 2d 617, for definition of term “special examiner”. . “This Cause coming on to he heard upon plaintiff’s' complaint, the answer and counterclaim for divorce of the defendant, and the plaintiff’s answer to counterclaim for divorce and counterclaim for divor…

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