Drs. Howarth and Scott, P.A. v. Edwards, 77-2244
| Decision Date | 13 December 1977 |
| Docket Number | No. 77-2244,77-2244 |
| Court | Florida District Court of Appeals |
| Parties | DRS. HOWARTH & SCOTT, P.A., a Medical Professional Association, and Dr. German Montoya, Petitioners-Relators, v. The Honorable Claude R. EDWARDS, Dr. Bruce Brunson and James Driscoll (Medical Mediation Panel Members), Respondents. |
Charles W. Abbott of Maguire, Voorhis & Wells, P.A., Orlando, for petitioners-relators.
The circuit judge sitting as a judicial referee in a medical mediation panel refused to grant Petitioners' Motion for Summary Judgment. He declared he had no authority to grant a summary judgment. He is right. See, for example, Floyd v. Goss, 352 So.2d 1189 (Fla. 4th DCA 1977). Although it is not determinative of this case we note that Writ of Prohibition is not the proper remedy. Certainly medical mediation panels are the only forums to hear these medical mediation claims under Section 768.44, Florida Statutes (1975). They have jurisdiction. If Petitioners are correct that the Statute of Limitations ran before the claim was filed then that is a matter of affirmative defense for the trial court, not the panel or any member thereof, to decide.
Suggestion for Writ of Prohibition is DENIED.
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Hubacher v. Landry
...Morales v. Moore, 356 So.2d 829 (Fla. 4th DCA 1978).4 Floyd v. Goss, 352 So.2d 1189 (Fla. 4th DCA 1977).5 Drs. Howard & Scott, P. A. v. Edwards, 353 So.2d 175 (Fla. 4th DCA 1977). ...
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McMahon v. Glixman
...of a medical mediation panel established pursuant to Fla.Stat.Ann. § 768.44 (West Supp.1979). See Drs. Howarth & Scott, P.A. v. Edwards, 353 So.2d 175, 176 (Fla.Dist.Ct.App.1977) (motion for summary judgment); Floyd v. Goss, 352 So.2d 1189, 1189 (Fla.Dist.Ct.App.1977) (motion for judgment o......
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Finnk v. Tanner
...Hubacher v. Landry, 360 So.2d 42, 44 (Fla. 3d DCA 1978); Floyd v. Goss, 352 So.2d 1189 (Fla. 4th DCA 1977); Drs. Howarth & Scott, P. A. v. Edwards, 353 So.2d 175 (Fla. 4th DCA 1977). If the referee's order of dismissal herein be interpreted as a summary judgment for the defendant, it was th......
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Mott v. Fort Pierce Memorial Hospital
...on the pleadings when the statute of limitations is pleaded and not contravened. Later the same year, in Drs. Howarth & Scott, P. A. v. Edwards, 353 So.2d 175 (Fla. 4th DCA 1977), we held that a circuit judge sitting as a judicial referee in a medical mediation panel is not authorized to gr......