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610 So. 2d 649

Schafroth v. Schafroth

District Court of Appeal of Florida

Decided December 15, 1992

District Court of Appeal of Florida · decided 1992-12-15

Cited by 11 later decisions — most recently September 2004

11 state decisions

Relies on 336 So. 2d 586 - Filmon v. State · 127 So. 2d 481 - Pittman v. Mehaffey · Bergh v. Bergh

Good law ✅— No negative treatment on recordhow we know

Decided 1992-12-15

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SCHWARTZ, Chief Judge.

¶1The general master recommended granting the ex-husband’s motion to dismiss the appellee’s petition for modification of the alimony provision of the parties’ 1989 “Amended Marital Settlement Agreement.” We conclude that the trial court properly sustained her exceptions to that report on the ground that it embodied an erroneous conclusion of law. See § 61.14, Fla.Stat. (1991); Feldman v. Feldman, 317 So.2d 136 (Fla. 3d DCA 1975). Because this was the case, the master’s determination — unlike a finding of fact on disputed evidence — did not bind the trial court, which was, to the contrary, required to set it aside. See Mounce v. Mounce, 459 So.2d 437 (Fla. 3d DCA 1984); Vogel v. Vogel, 323 So.2d 306 (Fla. 3d DCA 1975), cert. denied, 336 So.2d 605 (Fla.1976); Bergh v. Bergh, 127 So.2d 481 (Fla. 1st DCA 1961), cert. denied, 133 So.2d 323 (Fla.1961).

¶2Affirmed.

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