Opinion
March 2, 1971.
Editorial Note:
This case has been marked 'not for publication' by the court.
Maley & Schiff, John T. Maley, Denver, for plaintiff in error.
Leland S. Huttner, Denver, for defendant in error.
COYTE, Judge.
This case was originally filed in the Supreme Court of the State of Colorado and subsequently transferred to the Court of Appeals under authority vested in the Supreme Court.
This is an appeal from an order granting temporary alimony to the defendant in error, defendant below. On appeal plaintiff contends that the trial court erred in entering its temporary alimony order on the basis of the Master's recommendation. This recommendation was filed without the transcript of the hearing before the Master, as required by R.C.P.Colo. 53(e). Plaintiff also contends that any award of temporary alimony under the circumstances of this case was an abuse of discretion.
We agree that the entry of the order without compliance with R.C.P.Colo. 53(e) was a procedural irregularity. We do not approve of the trial judge making the Master's recommendation his order, over objection, without the benefit of the transcript.
However, we have read the transcript of testimony taken before the Master, which was subsequently filed and submitted to us for our consideration. We are of the opinion that under all of the circumstances of the case the order entered by the court as a result of the Master's recommendation is reasonable and is supported by the evidence produced at the hearing.
Judgment affirmed.
DWYER and ENOCH, JJ., concur.