Serge v. Robertson

District Court of Appeal of Florida

Serge v. Robertson

573 So. 2d 1072, 1991 Fla. App. LEXIS 1009, 1991 WL 15462

District Court of Appeal of Florida·Decided February 13, 1991·No. No. 89-2058·Published·Cited by 1 cases

Opinion

PER CURIAM.

We reverse the trial court’s order ratifying a general master’s report and rejecting appellant’s exceptions to the report.

The record reflects that the appellant did not consent to a referral to the master. Nor was there any conduct on his part constituting a waiver of the referral. To the contrary, there is unrefuted evidence that he orally objected. See Bathurst v. Turner, 533 So.2d 939 (Fla.3d DCA 1988); Fla.R.Civ.P. 1.490(c). It was error to ratify the report and reject the exceptions in the absence of a transcript or adequate written record of the master’s hearing. Fla.R. Civ.P. 1.490(f).

STONE, WARNER and POLEN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We reverse the trial court’s order ratifying a general master’s report and rejecting appellant’s exceptions to the report.

The record reflects that the appellant did not consent to a referral to the master. Nor was there any conduct on his part constituting a waiver of the referral. To the contrary, there is unrefuted evidence that he orally objected. See Bathurst v. Turner, 533 So.2d 939 (Fla.3d DCA 1988); Fla.R.Civ.P. 1.490(c). It was error to ratify the report and reject the exceptions in the absence of a transcript or adequate written record of the master’s hearing. Fla.R. Civ.P. 1.490(f).

STONE, WARNER and POLEN, JJ., concur.

Serge v. Robertson, 573 So. 2d 1072, 1991 Fla. App. LEXIS 1009, 1991 WL 15462 (Fla. Ct. App. 1991).

Pincite

573 So. 2d 1072 (Serge v. Robertson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related