Mellor v. Arakgui

Decision Date31 May 1978
Docket NumberNo. 78-215,78-215
Citation359 So.2d 36
CourtFlorida District Court of Appeals
PartiesLana MELLOR and Robert W. Mellor, her husband, Petitioners, v. Jean A. ARAKGUI, M. D. and Robert E. Lockwood, Clerk of the Circuit Court in and for Broward County, Florida, Respondents.

Linda Koenigsberg of Cohen & Kokus, Miami, for petitioners.

Steven R. Berger of Carey, Dwyer, Cole, Selwood & Bernard, P. A., Miami, for respondents.

DAUKSCH, Judge.

By their Petition for Writ of Mandamus, Petitioners request that the Clerk of the Broward Circuit Court be ordered to issue a court certificate terminating the jurisdiction of medical mediation panel.

No hearing was commenced within six months' from the date Petitioners' claim for medical mediation was filed. As we held in Green v. Broward General Medical Center, 356 So.2d 877 (Fla. 4 DCA, Opinion issued March 21, 1978), the jurisdiction of a medical mediation panel terminates if no hearing is held within six months from the date the claim was filed. Petitioners are now entitled to pursue their cause of action in the circuit court without further delay.

The Petition for Writ of Mandamus is granted and the Clerk of the Broward Circuit Court is hereby ordered to issue a court certificate terminating jurisdiction of the medical mediation panel.

ANSTEAD and MOORE, JJ., concur.

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5 cases
  • Aldana v. Holub
    • United States
    • Florida Supreme Court
    • February 28, 1980
    ...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. Abercrombie, 358 So.2d 568 (......
  • Cole v. Burrows, 78-913
    • United States
    • Florida District Court of Appeals
    • November 1, 1978
    ...1978); Febles v. Abercrombie, 358 So.2d 568 (Fla. 2d DCA 1978); Cole v. Wallace, 354 So.2d 885 (Fla. 4th 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); Burchett v. Clontz, 363 So.2d 15 (Fla. 4......
  • Cohen v. Johnson, 79-626
    • United States
    • Florida District Court of Appeals
    • July 18, 1979
    ...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 ......
  • Ballard v. Curatolo
    • United States
    • Florida District Court of Appeals
    • November 1, 1978
    ...of action in the circuit court. Green v. Broward General Medical Center, 356 So.2d 877 (Fla. 4th DCA 1978); Mellor et al. v. Arakgui et al., 359 So.2d 36 (Fla. 4th DCA 1978); Stanton, et al. v. Community Hospital of South Broward, et al., 359 So.2d 37 (Fla. 4th DCA We recognize the hardship......
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