DR. ROBERT C. PYLE, JR., M. D., PETITIONER,
v.
BRUCE TAYLOR AND DIANE TAYLOR, HUSBAND AND WIFE, RESPONDENTS
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Florida appellate court quashed a judicial referee's order disqualifying a panel physician because the motion to disqualify was filed after the 10-month statutory deadline for challenging panel members had expired, depriving the referee of jurisdiction to act.
A judicial referee lacks jurisdiction to grant a motion to disqualify a panel member filed more than 10 months after a medical liability claim was filed, as Section 768.44(2)(g) imposes a strict 10-day deadline for such challenges and Section 768.44(3) terminates panel jurisdiction after 10 months.
[1] Under Florida Statutes Section 768.44, a judicial referee lacks jurisdiction to grant a motion to disqualify a medical liability mediation panel member when the motion is…
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Join FLexlaw to unlock all legal intelligenceRespondents filed a medical liability claim against Dr. Pyle. After the hearing concluded within 10 months, respondents moved to disqualify Dr. Allen,…
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PER CURIAM.
Petitioner seeks certiorari review of an order of a judicial referee in medical liability mediation proceedings conducted pursuant to Section 768.44, Florida Statutes (1977). The hearing on respondents’ claim was concluded on March 16, 1978, within 10 months of the date the claim was filed. Thereafter, on April 5, 1978, and after 10 months had elapsed from the date their claim was filed, the respondents moved to disqualify the physician member of the panel, a Dr. Allen, because petitioner had been the physician on a medical liability mediation panel which had heard a claim against Allen and found no negligence. The judicial referee heard and granted the motion. Petitioner asserts the judicial referee and the panel were without jurisdiction to do anything but put their decision into writing and file it within 30 days of the hearing. Section 768.44(7), Florida Statutes (1977). We agree. Section 768.44(2)(g) provides a 10-day time limit within which the prospective panel members may disqualify themselves and within which the parties may challenge the panel members for cause. Since respondents failed to timely challenge Dr. Allen, they waived that right.
Moreover, Section 768.44(3) is clear that the subject matter jurisdiction of the panel terminated 10 months after the claim was filed. See Aldana v. Holub, 354 So. 2d 1272 (Fla. 1st DCA 1978). The petition for writ of certiorari is granted, and the judicial referee’s order of April 11, 1978 is quashed.
McCORD, G. J., and MILLS and ERVIN, 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)…plication only, we decline to consider the validity of the Vann, Cowart and Keough opinions. .See, e. g., Feinstein v. Brown, 370 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. Aberc…
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State ex rel. Richard L. McCLURE v. The Honorable William Clayton Johnson, 376 So. 2d 43 (Fla. 4th DCA 1979)…2 (Fla.1977), and State ex rel McGuirk v. Cowart, 344 So. 2d 624 (Fla. 3rd DCA 1977). Since we find no jurisdictional deficiency, the Writ of Prohibition is DENIED. LETTS, J., and CROSS, 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.…
Authorities Cited
- Luis Aldana, M.D. v. Holub, 354 So. 2d 1272 (Fla. 1st DCA 1978)