CARLOS M. GARCIA, PETITIONER,
v.
YASMIN GARCIA, RESPONDENT
CARLOS M. GARCIA, PETITIONER,
YASMIN GARCIA, RESPONDENT
109 So. 3d 894
Florida District Court of Appeal, Third District (2013)
Positive Treatment
Cited by 1 case
Opinion of the Court
We treat the instant petition for a writ of prohibition or mandamus as a petition for certiorari and quash the order appointing a special magistrate to hear all discovery matters in this marital dissolution *895case. As the respondent’s counsel properly concedes, the order, which was entered without consent of the parties, is over-broad and contrary to established law. As stated in Florida Family Law Rule 12.492(b), “without consent of the parties [the trial court] may [only] appoint an attorney as a special magistrate to preside over depositions and rule upon objections.”
Petition granted, and order quashed.
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