Garcia v. Garcia

District Court of Appeal of Florida

Garcia v. Garcia

109 So. 3d 894, 2013 WL 1245307, 2013 Fla. App. LEXIS 5081

District Court of Appeal of Florida·Decided March 28, 2013·No. No. 3D13-743·Published

Opinion

SHEPHERD, J.

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 [895]*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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SHEPHERD, J.

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 [895]*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.

Garcia v. Garcia, 109 So. 3d 894, 2013 WL 1245307, 2013 Fla. App. LEXIS 5081 (Fla. Ct. App. 2013).

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