Summary
In Floyd v. Goss, 352 So.2d 1189 (Fla. 4th DCA 1977), this court held that a judicial referee has no authority to enter a judgment 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 grant a summary judgment.
Summary of this case from Mott v. Fort Pierce Memorial HospitalOpinion
No. 76-1650.
November 9, 1977. Rehearing Denied January 9, 1978.
Petition for review from the Circuit Court, Orange County, Thomas E. Kirkland, J.
Michael P. Falkowski of Parker, Conrad, Falkowski, Johnson Owen, P.A., Orlando, for appellants.
Howard R. Marsee of Pitts, Eubanks, Ross Rumberger, P.A., Orlando, for appellee-Orange Memorial Hospital.
Janis M. Halker of Gurney, Gurney Handley, P.A., Orlando, for appellee-Dr. S.A. Goss.
We take this matter as a Petition for Writ of Certiorari to the Circuit Court in order to review an Order of a circuit judge sitting as a judicial referee in a medical mediation panel as provided in Section 768.133, Florida Statutes (1975), now Section 768.44, Florida Statutes (Supp. 1976). Because the statutory creation of the medical mediation panel provides very narrowly what the duties of the judicial referee are, and the case law consistently supports the narrow construction, we must quash the Order of the judicial referee because it was not within his authority to dismiss the case or enter a Judgment on the Pleadings. In Koota v. Parkway, 346 So.2d 124 (Fla.3d DCA 1977), it was held ". . . a judicial referee of a medical panel under Section 768.44 Florida Statutes (Supp. 1976) is not a `judge of a lower court' within the meaning of Fla.App. Rule 4.6(a)." Also see State ex rel. Mercy Hospital, Inc. v. Vann, 342 So.2d 1073 (Fla.3d DCA 1977).
We hold that a circuit judge sitting as a judicial referee in a medical mediation panel is limited to act as a member of the panel with his or her authority limited by the act, supra, creating the panel and In re Transition Rule 21, 316 So.2d 38 (Fla. 1975). Such judicial referee has no authority to enter a judgment on the pleadings when the statute of limitations is pleaded and not contravened.
The Amended Judgment on the pleadings is quashed and this cause remanded to the medical mediation panel for disposition of its duties within the statutorily mandated time.
QUASHED and REMANDED.
CROSS and MOORE, JJ., concur.