ROBERT KIRSCHGESSNER, PETITIONER,
v.
MIAMI INTERNATIONAL HOSPITAL, DR. RAPHAEL CILENTO, JR., MARCOS ZUGEIRAM, DR. HARVEY A. GRABLE, DR. LUNA, DR. NORMAN BORKEN, DR. MARSHALL ABEL, DR. FRANCISCO SUAREZ AND DR. MORTON S. CORIN, RESPONDENTS
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The trial judge's order continuing proceedings beyond the ten-month medical mediation hearing limitation is quashed.
The trial judge continued medical mediation proceedings beyond the ten-month statutory limit. This petition for certiorari arises from that decision.…
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LETTS, Judge.
This is a petition for certiorari arising because the trial judge continued the proceedings, under Section 768.44(3) of the Florida Statutes Supplement (1976), beyond the ten month limitation period permitted for the holding of a medical mediation procedure hearing. We grant certiorari and quash the order of the trial judge upon the authority of Perkins v. Pare, 352 So. 2d 65 (Fla. 4 DCA 1977).
In that case, by way of dicta, Judge Cross interpreted this statute to mean that the final hearing on the merits must be “concluded” within the ten month period or jurisdiction would terminate.
At the time that Judge Cross prepared that opinion the Supreme Court was simultaneously adopting rules of medical procedure reported in 348 So. 2d 547. The rule in question states:
Rule 20.190. TERMINATION. The clerk shall send to all parties a notice of termination of the proceedings when any of the following events has occurred: * * * * * *
(d) The final hearing has not been concluded within 10 months from the date the claim is filed.
Termination for any of the foregoing reasons terminates the jurisdiction of the panel. Such termination is final and cannot be extended, modified or reinstated by the panel, the judicial referee or by agreement of the parties. A termination for one of the foregoing reasons is automatic, and the clerk’s act or failure to act is ministerial only, (emphasis supplied).
From a reading of the above rule, there can be no question but that Judge Cross’ interpretation was correct: It is true his opinion in Perkins preceded the September 1, 1977 date on which these rules were to become effective. Nonetheless, the Supreme Court’s thinking is all too evident. CERTIORARI GRANTED AND ORDER QUASHED.
CROSS and ANSTEAD, JJ., concur.
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Aldana v. Holub, 381 So. 2d 231 (Fla. 1980)…SUNDBERG, Justice. These consolidated cases1 are before us by way of petitions for writ of certiorari from decisions of the First and Fourth District Courts of Appeal, reported at 354 So. 2d 1272 and 356 So. 2d 11, respectively. Conflict is asserted with, among others, State ex rel. Mercy Hospital, Inc. v. Vann, 342 So. 2d 1073 (Fla. 3d DCA 1977), and the District Court of Appeal, Fourth District, has certified the question as one of great public interest. Ju…1 / 3
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Raedel v. Watson Clinic Found., Inc., 360 So. 2d 12 (Fla. 2d DCA 1978)…to the expiration of ten months from the date a claim for medical mediation was filed, jurisdiction of the medical mediation panel then terminates. Febles v. Abercrombie, supra; Aldana v. Holub, supra; Kirschgessner v. Miami International Hospital, 356 So. 2d 11 (Fla. 4th DCA 1977). In only one situation does the statute permit an extension of time by order of the judicial referee; that is, an extension of the 120 day limitation to six months. In all other cases, the judicial referee is without authority t…
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Luis Aldana, M.D. v. Holub, 354 So. 2d 1272 (Fla. 1st DCA 1978)…CA 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 the decisions of the Second and Third District Courts of Appeal and those of the Fourth District Court of Appeal. The reasoning of the latter C…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Perkins v. Robert H. Pare, M.D., 352 So. 2d 65 (Fla. 4th DCA 1977)
- In re the Fla. Bar. in re Rules of Med. Mediation Procedure, 348 So. 2d 547 (Fla. 1977)