Public-domain · open source
OpenJurist

611 So. 2d 615

Moskowitz v. Moskowitz

District Court of Appeal of Florida

Decided January 13, 1993

District Court of Appeal of Florida · decided 1993-01-13

Cited by 3 later decisions — most recently April 2002

3 state decisions

Relies on 466 So. 2d 1219 - Plevy v. Plevy · Kay v. Kay · 490 So. 2d 1051 - Hans v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-01-13

View the full empirical analysis of this case →

PER CURIAM.

¶1The trial court lacked the discretion to enter an order ratifying a general master’s report just two days after its entry. The provisions of rule 1.490(h), Florida Rules of Civil Procedure, are mandatory. The rule authorizes the trial court to take appropriate action on the master’s report only if no exceptions are taken within a 10 day period. If exceptions are filed, they are to be heard.

¶2The clear import of the rule is that a trial court may take appropriate action only after the court hears the exceptions. Therefore, it was error to deny appellant’s motion to vacate the premature order. Berkheimer v. Berkheimer, 466 So.2d 1219 (Fla. 4th DCA 1985); Kay v. Kay, 430 So.2d 532 (Fla. 4th DCA 1983); Cox v. Cox, 490 So.2d 1051 (Fla. 4th DCA 1986); Elliott v. Elliott, 478 So.2d 509 (Fla. 4th DCA 1985); Dembrowski v. Dembrowski, 580 So.2d 897 (Fla. 4th DCA 1991).

¶3We recognize that this issue appears mooted by the trial court’s subsequent denial of appellant’s exceptions. Appellees argue that a trial court may disregard the clear mandate of the above opinions of this court by simply providing in a premature enforcement order that it is “subject to” any subsequently filed objections. However, we decline to read such an exception into the established rule, particularly given the history of this court’s repeated insis*616tence that the purpose of the rule be honored. Therefore, the order is reversed. Notwithstanding the foregoing, we do also note that we can discern no impediment, on remand, to a reentry of the trial court order after a hearing on appellant’s exceptions.

HERSEY and STONE, JJ., and DOWNEY, JAMES C., Senior Judge, concur.
/611/so2d/615 · .json · Public domain