VILLAS AT CUTLER RIDGE HOMEOWNERS' ASSOCIATION v. NEWMAN

No. 86-2695.

498 So.2d 579 (1986)

VILLAS AT CUTLER RIDGE HOMEOWNERS' ASSOCIATION, INC., et al., Petitioners, v. Honorable Robert H. NEWMAN, Circuit Court Judge of the Eleventh Judicial Circuit, in and for Dade County, Florida, Respondent.

District Court of Appeal of Florida, Third District.

December 2, 1986.


Attorney(s) appearing for the Case

Simon & Simon and Lauren L. Garner, Miami, for petitioners.

Robert A. Ginsburg, Co. Atty., and Roy Wood, Asst. Co. Atty., for respondent.

Before BARKDULL, HUBBART and NESBITT, JJ.


PER CURIAM.

Having carefully reviewed and considered the petition and the opposing responses, we grant the petition for the writ of mandamus. Florida Rule of Civil Procedure 1.490(c) clearly prohibits reference to a master absent the unanimous agreement of the parties. See Slatcoff v. Dezen, 74 So.2d 59 (Fla. 1954). Furthermore, mandamus is the proper remedy to compel a trial court to exercise its judicial authority and decide...

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