Anderson v. Anderson

736 So. 2d 49, 1999 WL 350853
CourtDistrict Court of Appeal of Florida
DecidedMay 28, 1999
Docket97-2608
StatusPublished
Cited by13 cases

This text of 736 So. 2d 49 (Anderson v. Anderson) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Anderson, 736 So. 2d 49, 1999 WL 350853 (Fla. Ct. App. 1999).

Opinion

736 So.2d 49 (1999)

Richard P. ANDERSON, Appellant,
v.
Evelyn M. ANDERSON, Appellee.

No. 97-2608.

District Court of Appeal of Florida, Fifth District.

May 28, 1999.

*50 Leonard R. Ross, Daytona Beach, for appellant.

Evelyn M. Anderson, Port Orange, pro se.

EN BANC

HARRIS, J.

The issue in this case is not whether the trial judge or the master made the better decision. The issue is whether the trial judge, in rejecting the master's recommendation, applied the correct standard in reviewing the master's report.

In this case, the issue of change of custody of a seven-year-old child was submitted to the jurisdiction of the master as established by Rule 12.490, Florida Family Law Rules of Civil Procedure. This case requires that we determine whether the master is merely a "special court reporter" who takes testimony and then advises a judge who is then free to rule as he or she pleases after viewing the master's report, or whether the master is more akin to an arbitrator who hears the case on the evidence submitted and then makes a decision based on that evidence which decision (in the form of a report) is submitted to a judge for approval or, if there are exceptions for consideration of those exceptions under a "clearly erroneous" standard for facts and an "abuse of discretion" standard for the application of the law to the facts.

The master in this case conducted two days of hearings and compiled a transcript of three volumes and 537 pages. The master made comprehensive findings of fact and concluded that because of the substantial change of circumstances, the best interest of the child would be served by changing custody from the mother to the father.

STANDARD OF REVIEW

Carlson v. Carlson, 696 So.2d 1332, 1333 (Fla. 4th DCA 1997), holds that the appropriate standard of review from a master's report is a limited review. Instead of comparing the master with an arbitrator, however, it compares the role of the reviewing trial judge with that of an appellate court:

As this court noted in Reece v. Reece, 449 So.2d 1295 (Fla. 4th DCA 1984), "the role of the trial court in reviewing the findings and determinations of the master are similar to those of the appellate court in reviewing a trial court's findings and determinations." Because the special master's findings were supported by substantial competent evidence, the trial court properly accepted those findings.

In Lyon v. Lyon, 54 So.2d 679, 680 (Fla.1951), the supreme court discussed the role of the trial court in reviewing a master's findings of fact:

Undoubtedly, where claims are conflicting and the veracity of witnesses is a question to be considered, the master— who has seen and heard the witnesses and observed their demeanor while testifying —is in a better position than the trial court to pass upon the question of veracity; and this court is committed to the rule that, in this case, the Chancellor should not overturn the findings of the master unless they are "clearly erroneous."

It is clear that if one objects to a master's report, the trial court has an obligation not merely to consider the findings *51 and recommendation of the master but also to review the entire file. But the review is not intended to permit the trial court to make its independent finding of facts or to reach its independent conclusion as to the legal effect of such facts. The review of the entire record is to ascertain whether the master's finding is supported by competent evidence and to see if the master's conclusions pass the Canakaris test.

Other states have adopted a similar standard. See Stephen L.H. v. Sherry L.H., 195 W.Va. 384, 465 S.E.2d 841, 850 (1995) (a circuit court should review findings of fact made by a family law master only under a "clearly erroneous" standard, and it should review the application of law to the facts under an "abuse of discretion" standard); Belknap Textiles, Inc. v. Belknap Industries, Inc., 121 N.H. 28, 424 A.2d 1141 (1981) (although the defendant's evidence supported its position, the plaintiff's evidence also supported its position and there was not such an imbalance in the evidence as to preclude a reasonable person from finding as did the master).

The purpose of reference to a master, particularly in family matters, is to expedite alimony, child support, and custody procedures. The reasons for restricted review are (1) a master is, or should be, experienced in determining the facts in family law cases; (2) duplication of a family law master's efforts by a circuit court would be costly and would contribute only negligibly to the accuracy of the determination of facts; and (3) the parties already have focused their energies and resources on the family law master's determination. Stephen L.H., 465 S.E.2d at 851.

Although the trial court herein recognized its obligation to give "great weight" to the master's report, it proceeded to reweigh the evidence.

FACT FINDING

The court's Order Sustaining Exceptions demonstrates that it failed to accept the master's finding of facts. For example, the master found that "on at least one occasion the minor child reported to State officials that when his mother would smoke crack cocaine she would place a blanket over his bed in the form of a tent so that he was unable to see her. However, the child reported that he was able to see anyway." The master also found: "In the course of executing the search warrant [the business for which the former wife was the office manager was being searched], one officer searched the purse of the former wife and found in the course of the search an attempt by the former wife to dispose of a gray camera pouch which she claimed contained feminine items. Upon opening the pouch the officer found a Coca-Cola can with a hole on the side of the can approximately in the middle of the can that the former wife explained was used by her in smoking crack cocaine. Three additional small plastic bags were found with residue inside which tested positive for cocaine. The officer indicated that the former wife was not arrested for cocaine possession or possession of drug paraphernalia because she was the office manager, was cooperating and explained to the officers that she was afraid that if she was arrested she would lose custody of her son."

The trial court, instead of determining whether these facts were supported by the record, responded to the findings as follows: "[N]ot withstanding the deputy's testimony, [the former wife] was never arrested nor has she been charged for possession of cocaine. The mother flatly denies possessing cocaine. The incident, if it occurred, did not impact upon the child because he had no knowledge of it." Thus, instead of searching the record to see if the master's facts were supported by competent, substantial testimony, the trial judge, without the benefit of having observed the witnesses on the stand, was willing to accept the former wife's testimony over that of the deputy. The judge questions even whether the incident involving the Coca-Cola can occurred. The *52 judge's "finding" that the child had no knowledge of the cocaine use is directly in conflict with the master's finding that the child observed his mother smoke cocaine from the Coca-Cola can even though she covered his bed with a blanket.

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Cite This Page — Counsel Stack

Bluebook (online)
736 So. 2d 49, 1999 WL 350853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-anderson-fladistctapp-1999.