From Casetext: Smarter Legal Research

Dembrowski v. Dembrowski

District Court of Appeal of Florida, Fourth District
Jun 19, 1991
580 So. 2d 897 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-2863.

June 19, 1991.

Appeal from the Circuit Court for Broward County; Gene Fischer, Judge.

Gene Reibman and Howard Raab, Fort Lauderdale, for appellant.

Catherine Rafferty, Fort Lauderdale, for appellee.


We reverse and vacate the trial court's order confirming the general master's report. Appellee concedes that the trial court entered the order within the ten (10) day period Fla.R.Civ.P. 1.490(h) allowed for filing exceptions to the general master's report and that appellant should be permitted to file exceptions consistent with the rule.

Appellant did not raise the issues presented in his remaining points on appeal before the general master and the trial court did not resolve them. As a result, we will not consider them for the first time on appeal. See Hurley v. Slingerland, 461 So.2d 282, 284 (Fla. 4th DCA 1985).

Accordingly, we reverse and remand the cause to the trial court with instructions to conduct further proceedings consistent with Fla.R.Civ.P. 1.490(h).

LETTS, GLICKSTEIN and DELL, JJ., concur.


Summaries of

Dembrowski v. Dembrowski

District Court of Appeal of Florida, Fourth District
Jun 19, 1991
580 So. 2d 897 (Fla. Dist. Ct. App. 1991)
Case details for

Dembrowski v. Dembrowski

Case Details

Full title:RAVEN D. DEMBROWSKI, N/K/A RAVEN D. WHITE, APPELLANT, v. JOSEPH R…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 19, 1991

Citations

580 So. 2d 897 (Fla. Dist. Ct. App. 1991)

Citing Cases

Moskowitz v. Moskowitz

Therefore, it was error to deny appellant's motion to vacate the premature order. Berkheimer v. Berkheimer,…