Oliveri v. Oliveri, 541 So. 2d 174

PER CURIAM.

In this domestic litigation the wife‘s motion for temporary relief was automatically referred to a hearing officer for determination pursuant to Florida Rule of Civil Procedure 1.491 and Administrative Order 2.03.18 of the Seventeenth Circuit of Broward County. Despite the limited authority of the hearing officer under that rule to decide only issues of child support, the hearing officer in this case also determined temporary alimony and attorney‘s fees pendente lite. Although pursuant to Florida Rule of Civil Procedure 1.490(c), with the consent of both parties, a hearing officer could make determinations with regard to attorney‘s fees and temporary alimony, see Berkheimer v. Berkheimer, 466 So.2d 1219 (Fla. 4th DCA 1985), where both parties did not consent to this procedure in this case, it was beyond the authority of a hearing officer to decide these issues. We therefore reverse the trial court‘s order insofar as it awards temporary alimony and attorney‘s fees (based on the hearing officer‘s report) and remand for further proceedings.

LETTS, GUNTHER and WARNER, JJ., concur.

Case Details

Case Name: Oliveri v. Oliveri

Court Name: District Court of Appeal of Florida

Date Published: Apr 12, 1989

Citations: 541 So. 2d 174; 1989 WL 33969; 88-2761

Docket Number: 88-2761

Court Abbreviation: Fla. Dist. Ct. App.