Mote v. Morton

Citations

• 52 Fla. 548

Syllabus

<p>1. It is the right of all parties in interest, in a cause not under default, upon a reference to a master, to have notice of proceedings in the master’s office.'</p> <p>2. It is an established rule that a guardian ad litem, cannot admit or waive anything adverse or prejudicial to the infant, and has no power to bind his ward by the admission or waiver of anything.</p> <p>3. The formal answer of the guardian ad litem, should submit the rights of the infant to the determination of the court and leave the complainant to make out the facts of his case by strict proof.</p> <p>4. Even though the answer of the guardian ad litem, admits the allegations of the bill of conlplaint to be true, the proper .practice is to refer the cause to a master to take the proof and report thereon, and guardians ad litem, should in all cases have notice of proceedings in the master’s office and should attend and protect the interests of their wards.</p> <p>5. When a reference is made by a master to ascertain a fact depending upon testimony, his report should show the basis of his findings so that the court may see the correctness of his conclusions, and the evidence upon examination before a master should be taken down by him or some other person by his authority in his presence, and filed with his report.</p> <p>6. Testimony taken before a former master in a cause, at a time when certain minors, subsequently made parties, were not parties, thereto, is not admissible as against such newly made minor parties in further proceedings before a second master appointed after such minors were made parties.</p>