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Calderon v. Kalb

District Court of Appeal of Florida, Third District
Aug 8, 2007
963 So. 2d 857 (Fla. Dist. Ct. App. 2007)

Summary

allowing the appointment of a special magistrate without petitioner's consent in proceedings supplementary

Summary of this case from Bateman v. Regions Bank

Opinion

No. 3D07-1532.

August 8, 2007.

Alvarez, Armas Borron and J. Alfredo De Armas, Coral Gables, for petitioner.

Michael I. Rose, Miami, for respondent.

Before CORTIÑAS and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge. SCHWARTZ, Senior Judge.


An impleaded defendant in proceedings supplementary to execution under section 56.29, Florida Statutes, seeks relief from an order appointing a special magistrate to conduct the examination of assets provided by the statute. The basis of the objection is that the petitioner did not consent to the appointment. See Fla.R.Civ.P. 1.490(c); Rosen v. Solomon, 586 So.2d 1348 (Fla. 3d DCA 1991), review denied, 598 So.2d 78 (Fla. 1992); Pesut v. Miller, 773 So.2d 1185 (Fla. 2d DCA 2000). Consent, however, is not required in this instance simply because the statute, which obviously trumps the rule, see 12A Fla. Jur.2d Courts and Judges, § 214 (2005), does not require it. See RPS, Inc. v. Travel Max Int'l Inc., 823 So.2d 243 (Fla. 4th DCA 2002). Therefore, the primary relief sought is denied.

By agreement of the parties, however, that portion of the order under review sanctioning the petitioner by requiring him to prepay the costs of the special magistrate is vacated. The costs issue shall be determined in the usual course at the conclusion of the proceeding.


Summaries of

Calderon v. Kalb

District Court of Appeal of Florida, Third District
Aug 8, 2007
963 So. 2d 857 (Fla. Dist. Ct. App. 2007)

allowing the appointment of a special magistrate without petitioner's consent in proceedings supplementary

Summary of this case from Bateman v. Regions Bank
Case details for

Calderon v. Kalb

Case Details

Full title:Mario CALDERON, Petitioner, v. Stuart R. KALB, Trustee as Assignee of…

Court:District Court of Appeal of Florida, Third District

Date published: Aug 8, 2007

Citations

963 So. 2d 857 (Fla. Dist. Ct. App. 2007)

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