STATE OF FLORIDA EX REL., SADIE LOVE, RELATOR,
v.
IRA S. JACOBSON, M.D., ET AL., RESPONDENTS
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Sadie Love sought prohibition to prevent a medical mediation panel from proceeding, arguing it lacked jurisdiction because more than six months had passed since filing. The Florida court held that the statute grants the mediation panel jurisdiction for up to ten months from the date of filing, making the panel's continued jurisdiction valid.
The court held that the judicial referee's denial of the motion to terminate jurisdiction was correct. The statute grants the mediation panel jurisdiction to hold a hearing on the merits for up to ten months from the date the claim is filed, and jurisdiction necessarily extends until the expiration of that ten-month period.
[1] A medical mediation panel's jurisdiction to hold a hearing on the merits extends until the expiration of the ten-month period provided by statute, even if not expressly e…
[2] Denial of a claimant's motion to terminate a medical mediation panel's jurisdiction is correct when the ten-month statutory period for holding a hearing on the merits has…
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Join FLexlaw to unlock all legal intelligence“The statute, by providing that if there is no hearing on the merits within ten months of the date the claim is filed the jurisdiction of the mediation panel terminates, thus provided that jurisdiction of the panel to holding a hearing on the merits necessarily extended until the expiration of such ten month period.”
Establishes the court's interpretation that panel jurisdiction extends for the full ten-month statutory period
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Join FLexlaw to unlock all legal intelligenceLove was a claimant in a medical mediation proceeding under Florida's Medical Liability Mediation Panel Law. On January 19, 1977, after the six-month …
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PEARSON, Judge.
Relator Sadie Love is a claimant in a medical mediation proceeding pursuant to the Medical Liability Mediation Panel Law, Section 768.44, Florida Statutes (1976 Supp.). She filed her suggestion for writ of prohibition alleging that the medical mediation panel lacked jurisdiction to proceed with the mediation because more than six months had expired from the date of the filing of the claim and that although the time was extended to six months from the date of the filing of claim, no further order was made to extend the time to the ten months provided for jurisdiction of the panel. This court issued a rule nisi and responses upon the merits have been filed.
It appears without contradiction from the petition, responses and briefs filed herein that on January 19, 1977, after the expiration of the six month period, claimant made an ore tenus motion either to terminate jurisdiction or to extend to ten months the time to hear the cause. In response thereto, the judicial referee denied claimant’s motion to terminate jurisdiction but did not expressly rule upon the motion to extend to ten months the time to hear the cause. We hold that the order of the judicial referee denying claimant’s motion to terminate jurisdiction was correct. The statute, by providing that if there is no hearing on the merits within ten months of the date the claim is filed the jurisdiction of the mediation panel terminates, thus provided that jurisdiction of the panel to holding a hearing on the merits necessarily extended until the expiration of such ten month period.
Whereupon, upon consideration of the suggestion for writ of prohibition and the responses filed, it is ordered that the rule nisi is quashed and the suggestion for writ of prohibition is dismissed.
It is so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Green v. Broward Gen. Med. Ctr. & Dr. C. L. Reid, 356 So. 2d 877 (Fla. 4th DCA 1978)…1977). [*878] No hearing on the claim having been held within six months from the date the claim was filed, Petitioner is now entitled to pursue his cause of action in the circuit court without further delay. But see, State ex rel. Love v. Jacobson, 343 So. 2d 1328 (Fla. 3 DCA 1977). The order extending the jurisdiction of the medical mediation panel to hold a hearing on the claim more than six months after the claim was filed is quashed and the cause remanded to the medical mediation panel with directions to…
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Raedel v. Watson Clinic Found., Inc., 360 So. 2d 12 (Fla. 2d DCA 1978)…ays, if no hearing has begun within six months, the jurisdiction of the medical mediation panel terminates at the end of six months. Green v. Broward General Medical Center, 356 So. 2d 877 (Fla. 4th DCA 1978). But see State ex rel. Love v. Jacobson, 343 So. 2d 1328 (Fla. 3d DCA 1977). Finally, this court and others have held that where the final hearing has not been concluded prior to the expiration of ten months from the date a claim for medical mediation was filed, jurisdiction of the medical mediation pane…
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Morris Wimpey et ux. v. Gabriel A. Sanchez, M.D., 386 So. 2d 1241 (Fla. 3d DCA 1980)…ion of the medical mediation panel terminates under Section 768.-44(3), Florida Statutes (Supplement 1976), ten months from the date the claim is filed, notwithstanding that no hearing has commenced within six months of the filing. Love v. Jacobson, 343 So. 2d 1328 (Fla. 3d DCA 1977).7 Having concluded that the jurisdiction of the medical mediation panel in the present case terminated by operation of law ten months after the filing of the Wimpeys’ claim, it follows that the statute of limitations was tolled f…1 / 2
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