Legal Opinion

In re Russo

District Court of Appeal of Florida

Decided December 9, 1987No. 4-86-1482Published

1Opinion of the Court

HERSEY, Chief Judge.

This is an appeal from an order adjudicating Elizabeth Russo incompetent. The incompetency hearing was conducted by a general master and based upon his report a judge of the circuit court entered the adjudication.

The issue is whether a hearing to determine an individual’s legal competency may be delegated to a master. We have previously held that the determination of incompetency is a purely judicial function. Bentley v. State ex rel. Rogers, 398 So.2d 992 (Fla. 4th DCA 1981).

In Tucker v. Diodato, 321 So.2d 569 (Fla. 4th DCA 1975), we held that a circuit court order…

2Cases cited2 opinions

  1. Bentley v. State Ex Rel. RogersDistrict Court of Appeal of Florida · 1981
  2. Tucker v. DiodatoDistrict Court of Appeal of Florida · 1975

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