E. C. JOHNSON, M.D., PETITIONER,
v.
HERBERT J. CRAWFORD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARCUS CRAWFORD, A DECEASED MINOR AND EVERGLADES MEMORIAL HOSPITAL, A FLORIDA CORPORATION, RESPONDENTS

Fla. 4th DCA | 1978-04-10
No. 77-233
ALDERMAN, C. J., and MOORE, J., concur.
361 So. 2d 741 Florida District Court of Appeal, Fourth District (1978) Positive Treatment
Cited by 6 cases
Topics
Common Law Writ Of Certiorari

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Opinion of the Court
CROSS, Judge.

CROSS, Judge.

We treat as a petition for a common law writ of certiorari an interlocutory appeal seeking review of an order terminating jurisdiction of a medical mediation panel.

Petitioner is one of two original defendants in a medical malpractice mediation proceeding. Petitioner, with consent of opposing counsel, delayed filing an answer beyond the twenty-day statutory limit provided in § 768.44(l)(c), Florida Statutes (Supp.1977). The judicial referee, upon noting the fact of petitioner’s late filing, 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. 4th DCA 1977).

Accordingly, the petition for certiorari is denied.

Certiorari denied.

ALDERMAN, C. J., and MOORE, J., 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)
    …o 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 hearing begun within 120 days from the date the claim was filed and no…
  • Aguilar v. Cmty. Gen. Hosp., 396 So. 2d 149 (Fla. 1981)
    …ve to litigate before the court in a separate lawsuit the claim against the remaining defendant thus creating a multiplicity of lawsuits. Id. at 547-48. Appellees cite Latorra v. Patrick, 359 So. 2d 463 (Fla. 4th DCA 1978), and Johnson v. Crawford, 361 So. 2d 741 (Fla. 4th DCA 1978), as inconsistent with Beaty. Both Latorra and Johnson concern instances where one of a number of defendants failed to properly file an answer within twenty days of service, of the complaint, and then later petitioned for review o…
  • State ex rel. Richard L. McCLURE v. The Honorable William Clayton Johnson, 376 So. 2d 43 (Fla. 4th DCA 1979)
    …, SPENCER C., Associate Judge, concur. . See: Pyle v. Taylor, 361 So. 2d 790 (Fla. 1st DCA 1978); Howell v. Allen, 361 So. 2d 791 (Fla. 1st DCA 1978); Raedel v. Watson Clinic Foundation, Inc., 360 So. 2d 12 (Fla. 2nd DCA 1978); Johnson v. Crawford, 361 So. 2d 741 (Fla. 4th DCA 1978). . Thames v. Melvin, 365 So. 2d 813 (Fla. 1st DCA 1979); Limond v. Llanio, 349 So. 2d 214 (Fla. 3rd DCA 1977); Wilson v. Smith, 369 So. 2d 658, 3rd DCA 1979.…

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