Litzinger v. Johnson

District Court of Appeal of Florida

Litzinger v. Johnson

681 So. 2d 864, 1996 Fla. App. LEXIS 10899, 1996 WL 596155

CourtDistrict Court of Appeal of Florida

DecidedOctober 18, 1996

DocketNo. 96-642

StatusPublished

This text of 681 So. 2d 864 (Litzinger v. Johnson) 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

Litzinger v. Johnson, 681 So. 2d 864, 1996 Fla. App. LEXIS 10899, 1996 WL 596155 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

Eva Litzinger f/k/a Eva A. Johnson appeals the order of the trial court denying her motion to set aside an order based upon the findings and recommendation of a general master in her dissolution case. Contrary to Florida Rule of Civil Procedure 1.470 which requires consent of the parties, the matter was referred to the general master without the consent of the parties and over appellant’s objection. The Department of Revenue has filed a confession of error, see Crews v. Crews, 629 So.2d 1094 (Fla. 5th DCA 1994), admitting that the motion should have been granted. We reverse and remand to the trial court to set aside the order. We also grant the appellant’s motion for attorney’s fees and we remand to the trial court to determine and assess reasonable attorney’s fees for this appeal. See § 59.46, Fla. Stat. (1995).

REVERSED and REMANDED, with directions.

DAUKSCH, W. SHARP and THOMPSON, JJ., concur.

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PER CURIAM.

Eva Litzinger f/k/a Eva A. Johnson appeals the order of the trial court denying her motion to set aside an order based upon the findings and recommendation of a general master in her dissolution case. Contrary to Florida Rule of Civil Procedure 1.470 which requires consent of the parties, the matter was referred to the general master without the consent of the parties and over appellant’s objection. The Department of Revenue has filed a confession of error, see Crews v. Crews, 629 So.2d 1094 (Fla. 5th DCA 1994), admitting that the motion should have been granted. We reverse and remand to the trial court to set aside the order. We also grant the appellant’s motion for attorney’s fees and we remand to the trial court to determine and assess reasonable attorney’s fees for this appeal. See § 59.46, Fla. Stat. (1995).

REVERSED and REMANDED, with directions.

DAUKSCH, W. SHARP and THOMPSON, JJ., concur.

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Bluebook (online)

681 So. 2d 864, 1996 Fla. App. LEXIS 10899, 1996 WL 596155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/litzinger-v-johnson-fladistctapp-1996.

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