DENNIS L. O'GRADY ET AL., APPELLANTS,
v.
SHIRLEY WHITE ET AL., APPELLEES
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PER CURIAM.
Appellants, defendants below, appeal an order of the lower court which dismissed their third party complaint against appel-lee, Metropolitan Dade County, doing business as Jackson Memorial Hospital, for failure to state a cause of action, i.e., failure to comply with the mediation prerequisite of the Medical Malpractice Reform Act, Section 768.133, Florida Statutes (1975), now renumbered Section 768.44, Florida Statutes (1976 Supp.).
We reverse, based upon the authority of Mount Sinai Hospital of Greater Miami, Inc. v. Mora, 342 So. 2d 1063 (Fla. 3d DCA 1977).
In that case we held that where an original cause of action was filed prior to July 1, 1975, the effective date of the above statute, a third party complaint grounded upon medical malpractice and arising from that cause of action, but filed subsequent to the aforementioned operative date of the Act would nevertheless be exempt from the Act’s requirements, i.e., mediation.
Reversed and remanded for further proceedings not inconsistent herewith.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Medel v. Valentine, 376 So. 2d 1154 (Fla. 1979)…eal, Third District, correctly held that a third-party cause of action, filed after the effective date of the Medical Mediation Act but arising from an action filed prior to the effective date, was not subject to mediation. Accord, O’Grady v. White, 345 So. 2d 358 (Fla. 3d DCA 1977). We perceive no reason why the logic underlying the Mount Sinai decision should not apply with equal force to this case. The error occasioned by application of the Medical Mediation Act thus entitles appellants to a new trial aga…
Authorities Cited
- Mount Sinai Hosp. OF Greater Miami, Inc. v. Mora, 342 So. 2d 1063 (Fla. 3d DCA 1977)