(Download) "Robert D. Febles v. Irene Abercrombie" by Second District Court of Appeal of Florida " eBook PDF Kindle ePub Free
eBook details
- Title: Robert D. Febles v. Irene Abercrombie
- Author : Second District Court of Appeal of Florida
- Release Date : January 26, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Dr. Febles, defendant below, petitions for writs of certiorari to review the judicial referee's order dismissing the medical mediation panel for lack of jurisdiction before a hearing on the malpractice claim against him and the concomitant denial of his motion for judgment on the pleadings in the suit filed against him in circuit court.1 Febles contends that the referee erred in ruling that mediation panel jurisdiction could not be extended beyond the ten-month period prescribed in Section 768.44(3), Florida Statutes (1976 Supp.). We hold that the judicial referee was correct and affirm. The hearing before the medical mediation panel was originally scheduled for September 16, 1977, only six days before the ten-month period prescribed by the statute was due to expire. A few weeks prior to the scheduled hearing, it became apparent that the assigned judicial referee would not be available on the hearing date set. Attempts were then made to either reset the hearing for an earlier date or to have a successor referee appointed in time to hold the hearing before the ten months expired. Through no fault of either party, neither of these objectives could be accomplished.