In re Russo
District Court of Appeal of Florida
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
- Bentley v. State Ex Rel. RogersDistrict Court of Appeal of Florida · 1981
- Tucker v. DiodatoDistrict Court of Appeal of Florida · 1975