Gelfond v. DISTRICT COURT, SECOND JUDICIAL DIST.

This is an original proceeding in the nature of prohibition. C.A.R. 21. The respondent, Hon. Gerald E. McAuliffe, one of the judges of the Second Judicial District, appointed a Master in a pending divorce proceeding in which Joyce M. Gelfond, respondent, is the plaintiff and Lawrence P. Gelfond, the petitioner, is the defendant (Civil Action No. D-23464).

The petitioner objected to the appointment of the Master and moved to vacate the appointment on the ground that the appointment was in violation of the terms and purpose of C.R.C.P. 53(b) rather than pursuant thereto. The trial judge denied…