ALBERT J. LATORRA, D. O., PETITIONER,
v.
LUCY PATRICK AND DOUGLAS PATRICK, HER HUSBAND, 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 physician challenges an order terminating a medical malpractice mediation proceeding against him based on his failure to timely file an answer in the correct court. The Fourth District Court of Appeal holds that the 20-day filing deadline is jurisdictional and non-discretionary, even though the physician's answer was timely served on all parties.
The court held that the 20-day filing deadline established by section 768.44(1)(c), Florida Statutes, is jurisdictional and non-discretionary. Judicial referees have no discretion to extend jurisdictional time limits, regardless of whether the defendant's answer was timely served on all parties.
[1] A medical mediation panel's jurisdiction terminates if a defendant fails to file an answer within the statutory time limit.
[2] The time period for filing an answer in a medical malpractice mediation proceeding is jurisdictional.
Previewing 2 of 4 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“If no answer is filed within such time limit, the jurisdiction of the mediation panel over the subject matter shall terminate, and the parties may proceed in accordance with law.”
Statutory language from section 768.44(1)(c) showing the mandatory nature of jurisdiction termination upon failure to timely file
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceLatorra was one of four defendants in a medical malpractice mediation proceeding filed in Palm Beach County on March 24, 1977. On April 25th, Latorra …
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 Medical Malpractice Mediation cases and more on FLexlaw
CROSS, Judge.
Petitioner, Albert J. Latorra, seeks review through petition for a common law writ of certiorari of an order terminating a medical malpractice mediation proceeding with respect to petitioner. Petitioner was one of four original defendants in a medical malpractice mediation proceeding filed in the Fifteenth Judicial Circuit of Palm Beach County on March 24, 1977. Petitioner, after being duly served, sought to file his answer in the matter, but inadvertently filed it in the Seventeenth Judicial Circuit of Broward County on April 25th. Petitioner’s answer was timely served on all parties. All other defendants properly served and filed their answers. On April 27th the judicial referee entered an order that jurisdiction of the mediation panel over the medical malpractice claim against petitioner had terminated as the result of petitioner’s failure to properly file a responsive pleading to the claim. The misfiled answer reached the Clerk of the Palm Beach County Circuit Court on May 3rd, having been forwarded by the Clerk of the Circuit Court of Broward County. On May 5 petitioner served and filed his motion for rehearing, reconsideration or enlargement of time to answer. A hearing on petitioner’s motion was held on May 12th, at which time the court denied said motion. Hence, this petition for a writ of certiorari.
The sole question for our determination is whether the judicial referee erred in ruling that petitioner’s failure to file an answer within twenty (20) days in the proper court terminated the jurisdiction of the medical mediation panel.
Section 768.44, Florida Statutes (Supp.1977), provides for the establishment of medical liability mediation panels to aid in the just, speedy and inexpensive determination of medical malpractice claims. Carter v. Sparkman, 335 So. 2d 802 (Fla.1976). Section 768.44(1)(c) provides: “All parties named as defendants in the claim shall file an answer to such claim within 20 days of the date of service. No other pleadings shall be allowed. If no answer is filed within such time limit, the jurisdiction of the mediation panel over the subject matter shall terminate, and the parties may proceed in accordance with law.” (Emphasis added)
The time period established by the provisions of § 768.44(1)(c), Florida Statutes, is jurisdictional as are other limitation periods established by § 768.44. Perkins v. Pare, 352 So. 2d 65 (Fla.4th DCA 1977). Judicial referees have no discretion in matters which are jurisdictional. Cole v. Wallace, 354 So. 2d 885 (Fla.4th DCA 1977).
Accordingly, petition for certiorari is denied.
Certiorari denied.
DOWNEY and MOORE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Raedel v. Watson Clinic Found., Inc., 360 So. 2d 12 (Fla. 2d DCA 1978)…jurisdiction of the medical mediation panel terminates, and this is so notwithstanding that the answer was mistakenly filed in the wrong circuit court or that the late filing was with the consent of opposing counsel. Latorra v. Patrick, No. 77-1129, 359 So. 2d 463 (Fla. 4th DCA 1978); Johnson v. Crawford, No. 77-233, 361 So. 2d 741 (Fla. 4th DCA 1978).2 In Mercy Hospital, Inc. v. Badia, 348 So. 2d 631 (Fla. 3d DCA 1977), the Third District Court of Appeal held that, where the answer was timely filed, but no h…
-
George Hubacher, D.O. v. June Landry et vir., 360 So. 2d 42 (Fla. 3d DCA 1978)…art, [*44] 344 So. 2d 624 (Fla. 3d DCA 1977); State ex rel. Love v. Jacobson, 343 So. 2d 1328 (Fla. 3d DCA 1977); State ex rel. Mercy Hospital, Inc. v. Vann, 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…
-
E. C. Johnson, M.D. v. Crawford, 361 So. 2d 741 (Fla. 4th DCA 1978)…, entered an order dismissing petitioner from the mediation proceeding. Hence, this interlocutory appeal which we treat as a petition for a common law writ of certiorari. This court recently had occasion to address this issue in Latorra v. Patrick, 359 So. 2d 463 (Fla. 4th DCA 1978). In Latorra, we noted that the time period established by the provisions of § 768.44(l)(c), Florida Statutes, is jurisdictional as are other limitation periods established by § 768.44. See also Perkins v. Pare, 352 So. 2d 65 (Fla…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Carter v. Sparkman, 335 So. 2d 802 (Fla. 1976)
- Perkins v. Robert H. Pare, M.D., 352 So. 2d 65 (Fla. 4th DCA 1977)
- Cole v. Wallace, 354 So. 2d 885 (Fla. 4th DCA 1977)