Saturday, March 28, 2009

Consent Required for Special Magistrate

On March 25, 2009, the Third District released an opinion in the case of GIELCHINSKY V. VIBO CORP (08-2614). The court held a party can withdraw its consent to the use of a special magistrate at any time:

Consent of the parties is required to refer any matter to a special magistrate. See Fla. R. Civ. P. 1.490(c). See also Pesut v. Miller, 773 So. 2d 1185 (Fla. 2d DCA 2000); Miller v. Lifshutz, 558 So. 2d 195 (Fla. 4th DCA 1990). Concomitantly, if a party withdraws his consent, as Gielchinsky did here with good cause due to financial reasons, then it logically follows that the matter is no longer appropriate for a special magistrate.


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