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Johnson v. Crawford

District Court of Appeal of Florida, Fourth District
Apr 10, 1978
361 So. 2d 741 (Fla. Dist. Ct. App. 1978)

Opinion

No. 77-233.

April 10, 1978.

Petition for Writ of Certiorari.

Larry Klein, West Palm Beach, and DeSantis, Cook, Meehan Cohen, North Palm Beach, for petitioner.

Edward A. Perse of Horton, Perse Ginsberg and Stanley M. Rosenblatt, Miami, for respondents.


We treat as a petition for a common law writ of certiorari an interlocutory appeal seeking review of an order terminating jurisdiction of a medical mediation panel.

Petitioner is one of two original defendants in a medical malpractice mediation proceeding. Petitioner, with consent of opposing counsel, delayed filing an answer beyond the twenty-day statutory limit provided in § 768.44(1)(c), Florida Statutes (Supp. 1977). The judicial referee, upon noting the fact of petitioner's late filing, entered an order dismissing petitioner from the mediation proceeding. Hence, this interlocutory appeal which we treat as a petition for a common law writ of certiorari.

This court recently had occasion to address this issue in Latorra v. Patrick, 359 So.2d 463 (Fla. 4th DCA 1978). In Latorra, we noted that the time period established by the provisions of § 768.44(1)(c), Florida Statutes, is jurisdictional as are other limitation periods established by § 768.44. See also Perkins v. Pare, 352 So.2d 65 (Fla. 4th DCA 1977).

Accordingly, the petition for certiorari is denied.

Certiorari denied.

ALDERMAN, C.J., and MOORE, J., concur.


Summaries of

Johnson v. Crawford

District Court of Appeal of Florida, Fourth District
Apr 10, 1978
361 So. 2d 741 (Fla. Dist. Ct. App. 1978)
Case details for

Johnson v. Crawford

Case Details

Full title:E.C. JOHNSON, M.D., PETITIONER, v. HERBERT J. CRAWFORD, AS PERSONAL…

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 10, 1978

Citations

361 So. 2d 741 (Fla. Dist. Ct. App. 1978)

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