Florida District Courts of Appeal, 1985

Model v. Model

Florida District Courts of Appeal · Decided July 16, 1985 · Bark, Barkdull, Dull, Hubbart, Schwartz

472 So. 2d 867; 10 Fla. L. Weekly 1738; 1985 Fla. App. LEXIS 14998 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

De Clements v. De Clements (Fla. Dist. Ct. App. 1995)
Knupp v. Knupp (Fla. Dist. Ct. App. 1993)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

BARKDULL, Judge.

Subsequent to a final judgment of divorce, each of the parties petitioned the court for various forms of relief. The matter was referred to a general master. After a hearing on the several matters, the general master resigned before rendering a report. He thereafter signed what purported to be a general master report containing findings of fact and recommendations. Following the filing of exceptions, the trial court modified the recommendations of the master without a record before it.1 An appeal and a cross appeal had been *868filed to these orders. The action of the former general master in signing and filing what purported to be a report subsequent to his resignation was a nullity. See and compare Silvern v. Silvern, 252 So.2d 865 (Fla. 3d DCA 1971); Heerdegen v. Loreck, 17 App.Div. 515, 45 N.Y.S. 585 (1897); Anno. 22 A.L.R.3d 922, 939 § 4(a); Anno. 70 A.L.R.3d 1079, 1097 § 11.

Therefore the trial court’s orders here under review are reversed and the cause remanded for further proceedings on the respective parties pending motions.

Reversed and remanded.

. Even if a valid report had been filed, the trial court erred in' setting aside the finding without *868a transcript before it. Ben-Hain v. Tacher, 418 So.2d 1107 (Fla. 3d DCA 1982); Ferris v. Ferris, 417 So.2d 1066 (Fla. 4th DCA 1982); Claughton v. Claughton, 347 So.2d 437 (Fla. 3d DCA 1977).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.