Florida District Courts of Appeal, 2013

Garcia v. Garcia

Garcia v. Garcia
Florida District Courts of Appeal · Decided March 28, 2013 · Fernandez, Schwartz, Shepherd
109 So. 3d 894; 2013 WL 1245307; 2013 Fla. App. LEXIS 5081 (Southern Reporter, Third Series)

Garcia v. Garcia

Opinion of the Court

SHEPHERD, J.

We treat the instant petition for a writ of prohibition or mandamus as a petition for certiorari and quash the order appointing a special magistrate to hear all discovery matters in this marital dissolution *895case. As the respondent’s counsel properly concedes, the order, which was entered without consent of the parties, is over-broad and contrary to established law. As stated in Florida Family Law Rule 12.492(b), “without consent of the parties [the trial court] may [only] appoint an attorney as a special magistrate to preside over depositions and rule upon objections.”

Petition granted, and order quashed.

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