Serge v. Robertson

Florida District Courts of Appeal
Serge v. Robertson, 573 So. 2d 1072 (1991)
1991 Fla. App. LEXIS 1009; 1991 WL 15462
Polen, Stone, Warner

Serge v. Robertson

Opinion of the Court

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.

Reference

Full Case Name
Robert B. SERGE v. Frances A. ROBERTSON, a/k/a Frances A. Ewing
Cited By
1 case
Status
Published