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573 So. 2d 1072
Fla. Dist. Ct. App.
1991
PER CURIAM.

We reverse the trial court’s order ratifying a general master’s report and rejecting appellant’s exceptions to the report.

The record reflects that the appellant did not consent to a referral to the master. Nor was there any conduct on his part constituting a waiver of the referral. To the contrary, there is unrefuted evidence that he orally objected. See Bathurst v. Turner, 533 So.2d 939 (Fla.3d DCA 1988); Fla.R.Civ.P. 1.490(c). It was error to ratify the report and reject the exceptions in the absence of a transcript or adequate written record of the master’s hearing. Fla.R. Civ.P. 1.490(f).

STONE, WARNER and POLEN, JJ., concur.

Case Details

Case Name: Serge v. Robertson
Court Name: District Court of Appeal of Florida
Date Published: Feb 13, 1991
Citations: 573 So. 2d 1072; 1991 WL 15462; 1991 Fla. App. LEXIS 1009; No. 89-2058
Docket Number: No. 89-2058
Court Abbreviation: Fla. Dist. Ct. App.
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