Cohen v. Johnson, 79-626
| Decision Date | 18 July 1979 |
| Docket Number | No. 79-626,79-626 |
| Citation | 373 So.2d 389 |
| Parties | Murray COHEN, M.D., Petitioner, v. The Honorable William Clayton JOHNSON, Circuit Judge of the Circuit Court in and for Broward County, Florida, Frieda Cohen and Harry Cohen, her husband, Respondents. |
| Court | Florida District Court of Appeals |
Robert M. Klein of Stephens, Schwartz, Lynn & Chernay, P.A., Miami, for petitioner.
Herbert W. Virgin, III, of Virgin, Whittle, Garbis & Gilmour, Miami, for respondents.
This matter has been considered on petition for writ of certiorari. Petitioner here is the defendant in a medical malpractice suit in the trial court. Respondents are the plaintiffs below. Respondents filed a medical mediation claim against the defendant doctor pursuant to Florida Statutes Section 768.44 (1977). A hearing occurred and the decision of the panel was in favor of the plaintiffs and against the defendant doctor. Respondents thereafter filed a Circuit Court malpractice action. The case was scheduled for trial and prior to jury selection, counsel for petitioner moved the trial court to exclude the evidence of the finding of the mediation panel. It was the position of the defendant doctor that the mediation panel had acted without jurisdiction due to the fact that no final hearing had been commenced within six months from the date of the filing of the claim in accordance with Florida Statute Section 768.44 (1977). The trial court denied the motion by order of February 14, 1979. In this order the Court stated that the trial court was the improper forum in which to raise the issue of jurisdiction of the mediation panel. The trial court ruled that the panel's finding was admissible. We disagree and reverse.
The mediation claim was filed February 16, 1977, and an order was entered extending the time for the hearing and the six-month limitation. A hearing was set within the six-month limitation provided in Florida Statute Section 768.44(3) (1977), but this hearing did not occur due to the unavailability of one of the panel members. The hearing finally took place but was not begun until after the six-month limitation. According to the statute aforecited and the Florida Rule of Medical Mediation Procedure 20.190, the jurisdiction of the panel terminates 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 ...
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...In spite of this personal tragedy, the district court found mediation jurisdiction to have terminated. Similarly, in Cohen v. Johnson, 373 So.2d 389 (Fla. 4th DCA 1979), the physician defendant was deprived of mediation because no hearing was conducted within the six-month limitation due to......
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Wimpey v. Sanchez, 79-1621
...six months from the date the claim is filed and, accordingly, the statute of limitations is tolled for six months. Cohen v. Johnson, 373 So.2d 389 (Fla. 4th DCA 1979); Feinstein v. Brown, 370 So.2d 1172 (Fla. 4th DCA 1979); Raedel v. Watson Clinic Foundation, Inc., 360 So.2d 12 (Fla. 2d DCA......
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Parker v. Knorr
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