Serge v. Robertson

District Court of Appeal of Florida

Serge v. Robertson

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

CourtDistrict Court of Appeal of Florida

DecidedFebruary 13, 1991

DocketNo. 89-2058

StatusPublished

Cited by1 cases

This text of 573 So. 2d 1072 (Serge v. Robertson) 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

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

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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.

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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.

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Bluebook (online)

573 So. 2d 1072, 1991 Fla. App. LEXIS 1009, 1991 WL 15462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/serge-v-robertson-fladistctapp-1991.

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