Opinion
No. 85-67.
July 16, 1985.
Appeal from the Circuit Court, Dade County, Dick C.P. Lantz, J.
Markus Winter and Stuart Markus and Carolyn A. Smith, Miami, for appellant.
Robert A. Sweetapple, Miami, for appellee.
Before SCHWARTZ, C.J., and BARKDULL and HUBBART, JJ.
Subsequent to a final judgment of divorce, each of the parties petitioned the court for various forms of relief. The matter was referred to a general master. After a hearing on the several matters, the general master resigned before rendering a report. He thereafter signed what purported to be a general master report containing findings of fact and recommendations. Following the filing of exceptions, the trial court modified the recommendations of the master without a record before it. An appeal and a cross appeal had been filed to these orders. The action of the former general master in signing and filing what purported to be a report subsequent to his resignation was a nullity. See and compare Silvern v. Silvern, 252 So.2d 865 (Fla. 3d DCA 1971); Heerdegen v. Loreck, 17 App. Div. 515, 45 N.Y.S. 585 (1897); Anno. 22 A.L.R.3d 922, 939 § 4(a); Anno. 70 A.L.R.3d 1079, 1097 § 11.
Even if a valid report had been filed, the trial court erred in setting aside the finding without a transcript before it. Ben-Hain v. Tacher, 418 So.2d 1107 (Fla. 3d DCA 1982); Ferris v. Ferris, 417 So.2d 1066 (Fla. 4th DCA 1982); Claughton v. Claughton, 347 So.2d 437 (Fla. 3d DCA 1977).
Therefore the trial court's orders here under review are reversed and the cause remanded for further proceedings on the respective parties pending motions.
Reversed and remanded.