Couch v. Wade

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IN THE DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA August 1, 2008 STEVE L. COUCH, Appellant, v. TERRY H. WADE, f/k/a TERRY COUCH, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D07-2310 BY ORDER OF THE COURT: Appellant's motion for rehearing and written opinion is granted. Appellant's motion for rehearing en banc is denied as moot. The court s opinion of May 2, 2008, is withdrawn, and the attached is substituted therefor. I HEREBY CERTIFY THE FOREGOING IS A TRUE COPY OF THE ORIGINAL COURT ORDER. JAMES BIRKHOLD, CLERK cc: Virginia R. Vetter Whitney G. Krause Clerk NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT STEVE L. COUCH, ) ) Appellant, ) v. ) ) TERRY H. WADE, ) f/k/a TERRY COUCH, ) ) Appellee. ) ) __________________________________) Case No. 2D07-2310 Opinion filed August 1, 2008. Appeal from the Circuit Court for Hillsborough County; J. Kevin Carey, Judge. Virginia R. Vetter, Tampa, for Appellant. Whitney G. Krause, DCMA, Orlando, for Appellee. PER CURIAM. Steve L. Couch appeals an order of civil contempt contending that the trial court erred in several regards. We find one contention meritorious. We conclude the trial court erred by failing to review the transcript of proceedings before approving the general master's report and recommendation. We note that the transcript was received beyond the date established by order of the court but was before the trial court prior to its ultimate determination of the appropriateness of the general master's report and recommendation. Due to the unique facts presented in our record, we reverse and set aside the order of contempt and remand for further proceedings to include a review of Mr. Couch's exceptions and of the transcript of proceedings. Reversed and remanded with instruction. ALTENBERND, CASANUEVA, and CANADY, JJ., Concur. -2-

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