From Casetext: Smarter Legal Research

Horner v. Horner

District Court of Appeal of Florida, Third District
Dec 21, 1982
423 So. 2d 605 (Fla. Dist. Ct. App. 1982)

Opinion

No. 82-1746.

December 21, 1982.

Appeal from the Circuit Court, Dade County, Phillip W. Knight, J.

Casoria, Goff Friedman and George H. Aslanian, Jr., Fort Lauderdale, for appellant.

Richard H.W. Maloy, Coral Gables, for appellee.

Before SCHWARTZ, DANIEL S. PEARSON and FERGUSON, JJ.


We reverse the order approving a general master's recommendation that the appellee-husband's visitation rights be restored because the order of reference did not include the matter, thus rendering the master's determination a nullity. Waszkowski v. Waszkowski, 367 So.2d 1113 (Fla. 3d DCA 1979), cert. denied, 378 So.2d 350 (Fla. 1979); Sniffen v. Sniffen, 382 So.2d 823 (Fla. 4th DCA 1980).

In addition, the record shows that the wife was not given fair notice that the issue would be considered at the hearing before the master. Barreiro v. Barreiro, 377 So.2d 999 (Fla. 3d DCA 1979).


Summaries of

Horner v. Horner

District Court of Appeal of Florida, Third District
Dec 21, 1982
423 So. 2d 605 (Fla. Dist. Ct. App. 1982)
Case details for

Horner v. Horner

Case Details

Full title:HERTHA HORNER, APPELLANT, v. WILLIAM LLOYD HORNER, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Dec 21, 1982

Citations

423 So. 2d 605 (Fla. Dist. Ct. App. 1982)

Citing Cases

Toledano v. Garcia

Moreover, it is well established that where a general magistrate addresses matters beyond those referred by…

McGinnis v. Kanevsky

See 4 Williston on Contracts § 622, at 788-89 n. 20 (Jaeger 3d ed. 1961); see also Goldbloom v. J.I. Kislak…