WILLIAM P. SCHERER, M.D., PETITIONER,
v.
SARA B. LIBERTO, RESPONDENT (TWO CASES); WILLIAM P. SCHERER, M.D., APPELLANT, V. SARA B. LIBERTO, APPELLEE; STATE OF FLORIDA ON THE RELATION OF WILLIAM P. SCHERER, M.D., RELATOR, V. THE HONORABLE JUDGE JOHN G. FERRIS, JUDGE OF THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA, AND SARA B. LIBERTO, 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.
The court affirmed that timely filing of an answer in a medical malpractice claim is jurisdictional under Florida law, and a defendant's failure to file within 20 days deprives the medical mediation panel of jurisdiction regardless of when the answer was mailed.
Timely filing of an answer to a medical malpractice claim within 20 days of service is jurisdictional, and failure to file within that period terminates the medical mediation panel's jurisdiction.
[1] Timely filing of an answer to a medical malpractice claim within the statutory period is jurisdictional, and failure to file within the deadline deprives the medical medi…
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 intelligence“the clear wording of the statute indicates the filing of the answer is jurisdictional and the failure of the Appellant-Petitioner to file his answer timely disallows him from receiving the benefits of the medical liability mediation proceedings”
Court's explanation of why timely filing is jurisdictional
Dr. Scherer was served with a medical malpractice claim and mailed his answer on the last day of the 20-day period, but failed to file it with the cou…
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 Statutory Deadlines cases and more on FLexlaw
DAUKSCH, Judge.
The question on appeal is whether the requirement of Section 768.133(l)(c), Florida Statutes (1975) (now Section 768.-44(l)(c), Florida Statutes (Supp.1976)), is jurisdictional. That is, if a defendant fails to file an answer to a medical malpractice claim within 20 days of service of the claim does the medical mediation panel ever gain jurisdiction. We answer that the clear wording of the statute indicates the filing of the answer is jurisdictional and the failure of the Appellant-Petitioner to file his answer timely disallows him from receiving the benefits of the medical liability mediation proceedings. The fact that he mailed the answer on the last day matters not. Just as in notices of appeal to this court, the document must be filed with the court on or before the last day or no jurisdiction is obtained. Knee v. Smith, 313 So. 2d 117 (Fla. 1st DCA 1975). Of course, in medical mediation matters, jurisdiction begins when the claim is filed but is terminated when 20 days passes and no answer is filed, Section 768.44(l)(c), Florida Statutes (Supp.1976), or ten months after the claim is filed if an answer is filed and no hearing is held. Section 768.44(3), Florida Statutes (Supp.1976). Cole v. Wallace, 354 So. 2d 885 (Fla. 4th DCA 1977).
The Order terminating the jurisdiction of the medical mediation panel is affirmed. The Order denying the Motion to Dismiss the Complaint at Law is affirmed. The Petition for Writ of Mandamus is denied. The Petition for Writ of Certiorari is denied. The trial court is affirmed.
AFFIRMED.
DOWNEY and ANSTEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Simmons v. Faust, 358 So. 2d 1358 (Fla. 1978)…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 624 (Fla. 3d DCA 1977) (writ of prohibition); State ex rel. Mercy Hospital, Inc. v. Vann, 342 So. 2d 1073 (Fla. 3d DCA 1977) (mandamus). The Florida Consti…
-
George Hubacher, D.O. v. June Landry et vir., 360 So. 2d 42 (Fla. 3d DCA 1978)…342 So. 2d 1073 (Fla. 3d DCA 1977). .§ 768.44(1)(c), Fla.Stat. (1977); Latorra v. Patrick, 359 So. 2d 463 (Fla. 4th DCA 1978); Johnson v. Crawford, - 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).…
-
Inland Cap. Corp. & Jack J. Winston v. Lewis, 362 So. 2d 676 (Fla. 4th DCA 1977)…DAUKSCH, Judge, concurring specially: I also concur and add my thoughts by distinguishing this case from Scherer v. Liberto, 353 So. 2d 1224 (Fla. 4th DCA 1978) which might seem to be in conflict. In Scherer, supra, the failure to act caused a deprivation of jurisdiction because a statute required the filing on or before the expiration of 20 days. Here, as Judge Letts notes, is a rule of…
Authorities Cited
- Cole v. Wallace, 354 So. 2d 885 (Fla. 4th DCA 1977)
- Jerrold Knee v. Smith, 313 So. 2d 117 (Fla. 1st DCA 1975)