Linda J. BERKHEIMER, Petitioner,
v.
Edward R. BERKHEIMER, Respondent.
District Court of Appeal of Florida, Fourth District.
*1220 G. Ware Cornell, Jr. of McCune, Hiaasen, Crum, Ferris & Gardner, P.A., Fort Lauderdale, for petitioner.
Joel L. Kirschbaum of Esler & Kirschbaum, P.A., Fort Lauderdale, for respondent.
HURLEY, Judge.
By petition for writ of certiorari we are asked to review an order denying the wife's motion to stay implementation of a master's report pending hearing on the wife's exceptions. We grant the writ and quash the order.
A general master's report, dated January 2, 1985, recommended: (1) that the husband have temporary custody of the parties' minor children; (2) that the husband and children have exclusive use and occupancy of the marital home; and (3) that the wife vacate the marital home by 5:00 p.m. on January 4, 1985. The wife moved to stay implementation of the master's recommendations until the trial court could hear her exceptions. The court denied the motion to stay and, as a temporary measure, adopted the master's recommendations. The wife subsequently filed timely exceptions to the master's report.
This court has consistently recognized the substantial contribution made by general masters. "Master's proceedings contribute greatly to the administration of justice by providing expeditious resolutions of disputes, a task which is otherwise difficult in view of crowded court dockets." Berk v. Berk,
The relevant limitations are contained in rule 1.490(h), Fla.R.Civ.P., which states:
The master shall file his report and serve copies on the parties. The parties may serve exceptions to the report within 10 days from the time it is served on them. If no exceptions are filed within the period, the court shall take appropriate action on the report. If exceptions are filed, they shall be heard on reasonable notice by either party.
Kay v. Kay, supra, stands for the proposition that the provisions of rule 1.490(h), Fla.R.Civ.P., are mandatory and exclusive. See also Wyman v. Wyman,
We recognize that the press of business has led to a different practice. Immediate implementation followed by later review has become standard operating procedure in some circuits. But the courts of this state are not empowered to develop local rules which contravene those promulgated by the Supreme Court. State v. Darnell,
ANSTEAD, C.J., and LETTS, J., concur.
