Rosen v. Solomon

District Court of Appeal of Florida

Rosen v. Solomon

586 So. 2d 1348, 1991 Fla. App. LEXIS 13886, 1991 WL 205841

CourtDistrict Court of Appeal of Florida

DecidedOctober 15, 1991

DocketNos. 91-2291, 91-2284

StatusPublished

Cited by2 cases

This text of 586 So. 2d 1348 (Rosen v. Solomon) 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.

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Rosen v. Solomon, 586 So. 2d 1348, 1991 Fla. App. LEXIS 13886, 1991 WL 205841 (Fla. Ct. App. 1991).

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Opinion

SCHWARTZ, Chief Judge.

There is no doubt that the orders below appointing a “commissioner” — actually a master in flimsy semantic disguise — to resolve discovery disputes cannot be enforced in the face of the specific pre-hearing objections filed by the defendants-petitioners. Bathurst v. Turner, 533 So.2d 939 (Fla. 3d DCA 1988); accord Wilson v. McKay, 568 So.2d 102 (Fla. 3d DCA 1990) (agreement to previous order of reference does not waive objection to subsequent order); Kuper v. Kuper, 564 So.2d 159 (Fla. 3d DCA 1990); Slattery v. Slattery, 528 So.2d 1377 (Fla. 4th DCA 1988). Accordingly, mandamus is granted requiring the trial court itself to hear and determine those matters. Bathurst, 533 So.2d at 939. The petitions are otherwise denied. The stays previously entered are vacated instanter.

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SCHWARTZ, Chief Judge.

There is no doubt that the orders below appointing a “commissioner” — actually a master in flimsy semantic disguise — to resolve discovery disputes cannot be enforced in the face of the specific pre-hearing objections filed by the defendants-petitioners. Bathurst v. Turner, 533 So.2d 939 (Fla. 3d DCA 1988); accord Wilson v. McKay, 568 So.2d 102 (Fla. 3d DCA 1990) (agreement to previous order of reference does not waive objection to subsequent order); Kuper v. Kuper, 564 So.2d 159 (Fla. 3d DCA 1990); Slattery v. Slattery, 528 So.2d 1377 (Fla. 4th DCA 1988). Accordingly, mandamus is granted requiring the trial court itself to hear and determine those matters. Bathurst, 533 So.2d at 939. The petitions are otherwise denied. The stays previously entered are vacated instanter.

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586 So. 2d 1348, 1991 Fla. App. LEXIS 13886, 1991 WL 205841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosen-v-solomon-fladistctapp-1991.

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