TANFIELD C. MILLER, APPELLANT,
v.
DR. HOWARD LIFSHUTZ, ET AL., APPELLEES

Fla. 4th DCA | 1990-03-21
Nos. 89-3172, 89-3173
DOWNEY, ANSTEAD and WALDEN, JJ., concur.
558 So. 2d 195 Florida District Court of Appeal, Fourth District (1990) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We sua sponte consolidate these proceedings, grant the petition for writ of certiorari, and quash the order of the trial court appointing a special master without the consent of the parties. See Rule 1.490, Florida Rules of Civil Procedure, which expressly requires the consent of both parties before the appointment of any master. DOWNEY, ANSTEAD and WALDEN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Gielchinsky v. Vibo Corp., 5 So. 3d 785 (Fla. 3d DCA 2009)
    …ved to dispense with the special magistrate’s services. Consent of the parties is required to refer any matter to a special magistrate. See Fla. R. Civ. P. 1.490(c). See also Pesut v. Miller, 773 So. 2d 1185 (Fla. 2d DCA 2000); Miller v. Lifshutz, 558 So. 2d 195 (Fla. 4th DCA 1990). Concomitantly, if a party withdraws his consent, as Giel-chinsky did here with good cause due to financial reasons, then it logically follows that the matter is no longer appropriate for a special magistrate. Accordingly, we g…
  • Rapaport v. The Jewish Fed'n OF Palm Beach Cnty., Inc., 627 So. 2d 617 (Fla. 4th DCA 1993)
    …PER CURIAM. We grant the petition for writ of certiorari and quash the ORDER REGARDING MOTION TO COMPEL SETTLEMENT. Referral of a matter to a master without consent of the parties is error. Fla.R.Civ.P. 1.490(c). See Miller v. Lifshutz, 558 So. 2d 195 (Fla. 4th DCA 1990). DELL, C.J., and HERSEY and KLEIN, JJ., concur.…
  • …rocedure 1.490(c) provides “No reference shall be to a master, either general or special, without the consent of the parties.” See also Rapaport v. Jewish Federation of Palm Beach County, Inc., 627 So. 2d 617 (Fla. 4th DCA 1993); Miller v. Lifshutz, 558 So. 2d 195 (Fla. 4th DCA 1990); Oliveri v. Oliveri 541 So. 2d 174 (Fla. 4th DCA 1989). Certiorari granted. DELL, STONE, and FARMER, JJ., concur.…

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