JOANNE FLOYD AND JOHN E. FLOYD, HER HUSBAND, PETITIONERS,
v.
DR. S. A. GOSS, AND ORANGE MEMORIAL HOSPITAL, 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 circuit judge sitting as judicial referee in a medical mediation panel lacks authority to dismiss cases or enter judgment on the pleadings and is limited to the statutory duties prescribed by Section 768.44, Florida Statutes.
A judicial referee in a medical mediation panel is limited to the statutory duties prescribed by the statute and lacks authority to enter judgment on the pleadings.
[1] A judicial referee of a medical mediation panel under Section 768.44, Florida Statutes, is limited to the statutory duties prescribed by the statute and lacks authority t…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceJoanne and John Floyd filed a medical malpractice claim against Dr. S. A. Goss and Orange Memorial Hospital. A circuit judge sitting as judicial refer…
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 Judgment On The Pleadings cases and more on FLexlaw
DAUKSCH, Judge.
We take this matter as a Petition for Writ of Certiorari to the Circuit Court in order to review an Order of a circuit judge sitting as a judicial referee in a medical mediation panel as provided in Section 768.-133, Florida Statutes (1975), now Section 768.44, Florida Statutes (Supp.1976). Because the statutory creation of the medical mediation panel provides very narrowly what the duties of the judicial referee are, and the case law consistently supports the narrow construction, we must quash the Order of the judicial referee because it was not within his authority to dismiss the case or enter a Judgment on the Pleadings. In Koota v. Parkway, 346 So. 2d 124 (Fla.3d DCA 1977), it was held “ . . .a judicial referee of a medical panel under Section 768.44 Florida Statutes (Supp.1976) is not a ‘judge of a lower court’ within the meaning of Fla.App.Rule 4.6(a).” Also see State ex rel. Mercy Hospital, Inc. v. Vann, 342 So. 2d 1073 (Fla.3d DCA 1977).
We hold that a circuit judge sitting as a judicial referee in a medical mediation panel is limited to act as a member of the panel with his or her authority limited by the act, supra, creating the panel and In re Transition Rule 21, 316 So. 2d 38 (Fla. 1975). Such judicial referee has no authority to enter a judgment on the pleadings when the statute of limitations is pleaded and not contravened.
The Amended Judgment on the pleadings is quashed and this cause remanded to the medical mediation panel for disposition of its duties within the statutorily mandated time.
QUASHED and REMANDED.
CROSS and MOORE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
George Hubacher, D.O. v. June Landry et vir., 360 So. 2d 42 (Fla. 3d DCA 1978)…rd, - So. 2d - (Fla. 4th DCA 1978) (case no. 77-233, opinion filed April 10, 1978); Scherer v. Liberto, 353 So. 2d 1224 (Fla. 4th DCA 1977). . § 768.44(2)(a), Fla.Stat. (1977); Morales v. Moore, 356 So. 2d 829 (Fla. 4th DCA 1978). . Floyd v. Goss, 352 So. 2d 1189 (Fla. 4th DCA 1977). . Drs. Howard & Scott, P. A. v. Edwards, 353 So. 2d 175 (Fla. 4th DCA 1977).…
-
Oswaldo Herrera and Aleida Herrera v. Doctor's Hosp. & Elbert L. Fisher, 360 So. 2d 1092 (Fla. 3d DCA 1978)…ntiffs believed a major factor in their case centered on a statute of limitations problem, and this would require additional litigation regardless of the panel’s decision. In this context, we note that the subsequently decided case of Floyd v. Goss, 352 So. 2d 1189 (Fla. 4th DCA 1977) held that a judicial referee was without authority to enter a judgment on the pleadings even in a situation in which a statute of limitations defense was not contravened. Plaintiffs also admitted their intention to circumvent th…
-
Lurrie Mott v. Fort Pierce Mem'l Hosp., 375 So. 2d 360 (Fla. 4th DCA 1979)…ical mediation proceeding and allege the statute of limitations, it is precluded from doing so in this litigation. This court has previously decided several cases which make it clear that appellant’s second point is without merit. In Floyd v. Goss, 352 So. 2d 1189 (Fla. 4th DCA 1977), this court held that a judicial referee has no authority to enter a judgment on the pleadings when the statute of limitations is pleaded and not contravened. Later the same year, in Drs. Howarth & Scott, P. A. v. Edwards, 353 So…
Previewing 3 of 6 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)
- In re Transition Rule 21, 316 So. 2d 38 (Fla. 1975)
- Tobin Koota and Marilyn Koota v. Parkway Gen. Hosp., Inc., Radiologic Consultants, P. A., 346 So. 2d 124 (Fla. 3d DCA 1977)