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Carlos M. GARCIA, Petitioner, v. Yasmin GARCIA, Respondent

Florida District Court of Appeal2013-03-28No. No. 3D13-743
109 So. 3d 894

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Opinion

majority opinion

SHEPHERD, J.

We treat the instant petition for a writ of prohibition or mandamus as a petition for certiorari and quash the order appointing a special magistrate to hear all discovery matters in this marital dissolution case. As the respondent’s counsel properly concedes, the order, which was entered without consent of the parties, is over-broad and contrary to established law. As stated in Florida Family Law Rule 12.492(b), “without consent of the parties [the trial court] may [only] appoint an attorney as a special magistrate to preside over depositions and rule upon objections.”

Petition granted, and order quashed.