472 So. 2d 867

Lois B. MODEL, Appellant, v. Louis J. MODEL, Appellee.

No. 85-67.

District Court of Appeal of Florida, Third District.

July 16, 1985.

Markus & Winter and Stuart Markus and Carolyn A. Smith, Miami, for appellant.

Robert A. Sweetapple, Miami, for appel-lee.

Before SCHWARTZ, C.J., and BARK-DULL and HUBBART, JJ.

BARKDULL, Judge.

Subsequent to a final judgment of divorce, each of the parties petitioned the court for various forms of relief. The matter was referred to a general master. After a hearing on the several matters, the general master resigned before rendering a report. He thereafter signed what purported to be a general master report containing findings of fact and recommendations. Following the filing of exceptions, the trial court modified the recommendations of the master without a record before it.1 An appeal and a cross appeal had been *868filed to these orders. The action of the former general master in signing and filing what purported to be a report subsequent to his resignation was a nullity. See and compare Silvern v. Silvern, 252 So.2d 865 (Fla. 3d DCA 1971); Heerdegen v. Loreck, 17 App.Div. 515, 45 N.Y.S. 585 (1897); Anno. 22 A.L.R.3d 922, 939 § 4(a); Anno. 70 A.L.R.3d 1079, 1097 § 11.

Therefore the trial court’s orders here under review are reversed and the cause remanded for further proceedings on the respective parties pending motions.

Reversed and remanded.

Model v. Model
472 So. 2d 867

Case Details

Name
Model v. Model
Decision Date
Jul 16, 1985
Citations

472 So. 2d 867

Jurisdiction
Florida

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