LANA MELLOR AND ROBERT W. MELLOR, HER HUSBAND, PETITIONERS,
v.
JEAN A. ARAKGUI, M. D. AND ROBERT E. LOCKWOOD, CLERK OF THE CIRCUIT COURT IN AND FOR BROWARD COUNTY, FLORIDA, RESPONDENTS
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DAUKSCH, Judge.
By their Petition for Writ of Mandamus, Petitioners request that the Clerk of the Broward Circuit Court be ordered to issue a court certificate terminating the jurisdiction of medical mediation panel.
No hearing was commenced within six months’ from the date Petitioners’ claim for medical mediation was filed. As we held in Green v. Broward General Medical Center, 356 So. 2d 877 (Fla. 4 DCA, Opinion issued March 21, 1978), the jurisdiction of a medical mediation panel terminates if no hearing is held within six months from the date the claim was filed. Petitioners are now entitled to pursue their cause of action in the circuit court without further delay.
The Petition for Writ of Mandamus is granted and the Clerk of the Broward Circuit Court is hereby ordered to issue a court certificate terminating jurisdiction of the medical mediation panel.
ANSTEAD and MOORE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Aldana v. Holub, 381 So. 2d 231 (Fla. 1980)…So. 2d 1172 (Fla. 4th DCA 1979) (on rehearing); Burchett v. Clontz, 363 So. 2d 15 (Fla. 4th DCA 1978); Pyle v. Taylor, 361 So. 2d 790 (Fla. 1st DCA 1978); Raedel v. Watson Clinic Foundation, Inc., 360 So. 2d 12 (Fla. 2d DCA 1978); Mellor v. Arakgui, 359 So. 2d 36 (Fla. 4th DCA 1978); Stanton v. Community Hospital of South Broward, 359 So. 2d 37 (Fla. 4th DCA 1978); Febles v. Abercrombie, 358 So. 2d 568 (Fla. 2d DCA 1978); Green v. Broward General Medical Center, 356 So. 2d 877 (Fla. 4th DCA 1978); Letts v. D…
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Murray Cohen, M.D. v. The Honorable William Clayton Johnson, 373 So. 2d 389 (Fla. 4th DCA 1979)…nates if an extension order has been entered but the hearing has not been commenced within six months from the date of the filing of the claim. See Stanton v. Community Hospital of South Broward, 359 So. 2d 37 (Fla. 4th DCA 1978); Mellor v. Arakgui, 359 So. 2d 36 (Fla. 4th DCA 1978); and Green v. Broward General Medical Center, 356 So. 2d 877 (Fla. 4th DCA 1978). Further, jurisdiction of the panel may not be extended either by order of the court or by stipulation of the parties. Raedel v. Watson Clinic Found…
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Ballard v. Louie C. Curatolo, 363 So. 2d 864 (Fla. 4th DCA 1978)…terminates jurisdiction of the medical mediation panel, and respondent is then entitled to pursue his cause of action in the circuit court. Green v. Broward General Medical Center, 356 So. 2d 877 (Fla. 4th DCA 1978); Mellor et al. v. Arakgui et al., 359 So. 2d 36 (Fla. 4th DCA 1978); Stanton, et al. v. Community Hospital of South Broward, et al., 359 So. 2d 37 (Fla. 4th DCA 1978). We recognize the hardship this decision seemingly creates on those innocent parties to medical mediation proceedings who are den…
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- Green v. Broward Gen. Med. Ctr. & Dr. C. L. Reid, 356 So. 2d 877 (Fla. 4th DCA 1978)