DRS. HOWARTH & SCOTT, P.A., A MEDICAL PROFESSIONAL ASSOCIATION, AND DR. GERMAN MONTOYA, PETITIONERS-RELATORS,
v.
THE HONORABLE CLAUDE R. EDWARDS, DR. BRUCE BRUNSON AND JAMES DRISCOLL (MEDICAL MEDIATION PANEL MEMBERS), RESPONDENTS
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DAUKSCH, Judge.
ON SUGGESTION FOR WRIT OF PROHIBITION
The circuit judge sitting as a judicial referee in a medical mediation panel refus ed to grant Petitioners’ Motion for Summary Judgment. He declared he had no authority to grant a summary judgment. He is right. See, for example, Floyd v, Goss, 352 So. 2d 1189 (Fla. 4th DCA 1977). Although it is not determinative of this case we note that Writ of Prohibition is not the proper remedy. Certainly medical mediation panels are the only forums to hear these medical mediation claims under Section 768.44, Florida Statutes (1975). They have jurisdiction. If Petitioners are correct that the Statute of Limitations ran before the claim was filed then that is a matter of affirmative defense for the trial court, not the panel or any member thereof, to decide.
Suggestion for Writ of Prohibition is DENIED.
CROSS and LETTS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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George Hubacher, D.O. v. June Landry et vir., 360 So. 2d 42 (Fla. 3d DCA 1978)…78); 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).…
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Lurrie Mott v. Fort Pierce Mem'l Hosp., 375 So. 2d 360 (Fla. 4th DCA 1979)…d 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. 2d 175 (Fla. 4th DCA 1977), we held that a circuit judge sitting as a judicial referee in a medical mediation panel is not authorized to grant a summary judgment. Regarding the statute of limitations the court said: If Petitioners are correct that the Sta…
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Finnk v. John R. Tanner, M. D. & Drs. Mitchell & Tanner, P. A., 366 So. 2d 524 (Fla. 3d DCA 1979)…terminate the mediation proceedings by entering a summary judgment or a judgment on the pleadings. Hubacher v. Landry, 360 So. 2d 42, 44 (Fla. 3d DCA 1978); Floyd v. Goss, 352 So. 2d 1189 (Fla. 4th DCA 1977); Drs. Howarth & Scott, P. A. v. Edwards, 353 So. 2d 175 (Fla. 4th DCA 1977). If the referee’s order of dismissal herein be interpreted as a summary judgment for the defendant, it was therefore plain error. On the other hand, if the order be interpreted as a finding for the defendant based on disputed iss…
Authorities Cited
- Floyd v. Goss, 352 So. 2d 1189 (Fla. 4th DCA 1977)