Moskowitz v. Moskowitz

The trial court lacked the discretion to enter an order ratifying a general master’s report just two days after its entry. The provisions of rule 1.490(h), Florida Rules of Civil Procedure, are mandatory. The rule authorizes the trial court to take appropriate action on the master’s report only if no exceptions are taken within a 10 day period. If exceptions are filed, they are to be heard.

The clear import of the rule is that a trial court may take appropriate action only after the court hears the exceptions. Therefore, it was error to deny appellant’s motion to vacate the premature order.…