STATE OF FLORIDA EX REL. JACK R. LUND, D.O., RELATOR,
v.
THE HONORABLE LAWRENCE E. KEOUGH AND THE HONORABLE EDWARD H. BERGSTROM, JR., RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A physician sought mandamus review of a circuit judge's denial of a stay pending medical malpractice mediation proceedings. The court granted the petition, holding that although a circuit judge cannot second-guess a judicial referee's procedural decisions during mediation, the judge retained authority to stay proceedings when a mediation panel was improperly terminated, as such termination affected the judge's jurisdiction and denied due process.
A circuit judge has the authority to stay a malpractice action pending medical mediation proceedings when a judicial referee has improperly terminated the mediation panel. Although a circuit judge cannot second-guess a judicial referee's procedural decisions during active mediation, the judge retains jurisdiction to review whether mediation proceedings were properly terminated because such termination affects the judge's own jurisdiction and may constitute a denial of due process.
[1] A judicial referee lacks the authority to unilaterally extend the statutory period for medical mediation proceedings beyond the time prescribed by law.
[2] A circuit judge has the authority to grant a stay of proceedings pending the completion of medical mediation, even if a prior judicial referee's order terminated the medi…
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the order which terminated the panel's jurisdiction in this case had the effect of denying the relator due process”
Establishes that improper termination of mediation proceedings raises due process concerns that justify judicial review and correction
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA judicial referee had initially stayed malpractice mediation proceedings pending resolution of the constitutionality of the relevant statute. After t…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Constitutionality Of Statutes cases and more on FLexlaw
PER CURIAM.
This is a petition for writ of mandamus in a case which is similar in many respects to State ex rel. Mercy Hospital, Inc. v. Vann, 342 So. 2d 1073 (Fla. 3d DCA 1977). Here, as in Vann, the judicial referee had stayed the malpractice mediation proceedings on his own motion pending the determination of the constitutionality of Section 768.133, Florida Statutes (1975). After the constitutionality of this statute had been upheld, the judicial referee determined that he had had no authority to extend the period of time within which the mediation panel could meet beyond ten months from when the claim was filed, and he dismissed the panel.
A subsequent civil action in malpractice was filed, and the defendant doctor filed a motion for a stay order to permit further medical mediation proceedings. The circuit judge observed that the cause should be stayed so as to permit the medical mediation proceedings to resume but concluded that he did not have the power to overrule a fellow circuit judge acting in the capacity of a judicial referee and denied the motion for a stay order.
Pursuant to the rationale of Vann, we agree with the second judge’s views on whether the mediation panel should have been dismissed. See also State ex rel. McGuirk v. Cowart, 344 So. 2d 624 (Fla. 3d DCA 1977).
We respectfully disagree with his conclusion that he could not grant a stay pending medical mediation proceedings. Cf. Richards v. Foulk, 345 So. 2d 402 (Fla. 3d DCA 1977).
We do not suggest that the circuit judge should be in a position to second-guess the judicial referee in the procedures followed during mediation, but the order which terminated the panel’s jurisdiction in this case had the effect of denying the relator due process. Vann, supra. The medical mediation proceedings, in which the first circuit judge participated solely in the capacity of a judicial referee, were necessarily subordinate to the malpractice action in the sense that the second circuit judge had the right to consider whether the mediation proceedings were properly terminated in order to determine his own jurisdiction to proceed.
We have chosen to treat the petition for mandamus as a petition for certiorari which is hereby granted. The order denying the motion to stay is quashed with directions to enter an order staying the case pending prompt and timely medical mediation proceedings.
BOARDMAN, C. J., and GRIMES and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Aldana v. Holub, 381 So. 2d 231 (Fla. 1980)…to the filing of the claims in these cases and thus have no direct application here, the rules do represent this Court’s authoritative interpretation of the medical mediation statute. Petitioners rely upon three cases, State ex rel. Lund v. Keough, 352 So. 2d 572 (Fla. 2d DCA 1977), State ex rel. McGuirk v. Cowart, 344 So. 2d 624 (Fla. 3d DCA 1977), and State ex rel. Mercy Hospital, Inc. v. Vann, supra, to support their assertion that medical mediation jurisdiction may be extended under certain circumstances…
-
Luis Aldana, M.D. v. Holub, 354 So. 2d 1272 (Fla. 1st DCA 1978)…osed by Section 768.44(3) may be extended in exceptional circumstances. State ex rel. Mercy Hospital, Inc. v. Vann, 342 So. 2d 1073 (Fla. 3d DCA 1977); State ex rel. McGuirk v. Cowart, 344 So. 2d 624 (Fla. 3d DCA 1977); State ex rel. Lund v. Keough, 352 So. 2d 572 (Fla. 2d DCA 1977). Contra, Perkins v. Pare, 352 So. 2d 65 (Fla. 4th DCA 1977); Kirschgessner v. Miami International Hospital, 356 So. 2d 11 (Fla. 4th DCA 1977); Cole v. Wallace, 354 So. 2d 885 (Fla. 4th DCA 1977). There is clear conflict between th…
-
Simmons v. Faust, 358 So. 2d 1358 (Fla. 1978)…lature’s failure to provide a means of review for judicial referee orders have caused confusion in. the district courts, each of them treating attempts to review judicial referee orders in a different manner. See, e. g. State ex rel. Lund v. Keough, 352 So. 2d 572 (Fla. 2d DCA 1977) (review by certiorari); Cole v. Wallace, 354 So. 2d 885 (Fla. 4th DCA 1977) (review by certiorari); Scherer v. Liberto, 353 So. 2d 1224 (Fla. 4th DCA 1977) (review by appeal. See also, State ex rel. McGuirk v. Cowart, 344 So. 2d 6…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State of Fla. ex rel. Mercy Hosp., Inc. v. The Honorable Harold Vann, 342 So. 2d 1073 (Fla. 3d DCA 1977)
- State of Fla. ex rel. Marcia A. McGUIRK v. Honorable Edward D. Cowart, 344 So. 2d 624 (Fla. 3d DCA 1977)
- Richards v. Foulk, 345 So. 2d 402 (Fla. 3d DCA 1977)