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Letts v. Davis

District Court of Appeal of Florida, First District
Mar 28, 1978
356 So. 2d 910 (Fla. Dist. Ct. App. 1978)

Opinion

No. II-198.

March 28, 1978.

Petition for review from the Medical Malpractice Reform Act.

Victor M. Halbach, Jr., of Marks, Gray, Conroy Gibbs, Jacksonville, for petitioner.

Steven A. Werber and David R. Lewis of Lewis, Paul, Isaac Castillo, Jacksonville, for respondent.


The Petitioner seeks Writ of Certiorari to review the order of the Judicial Referee in a claim filed under the Medical Malpractice Reform Act. The Referee's order terminated the panel by reason of expiration of certain time periods specified by statute. See Section 768.44, Florida Statutes.

The Judicial Referee was correct. The jurisdiction of the Medical Mediation Panel ceased when the case did not proceed within the time the statute mandates. See Rule 20.190, Florida Rules of Mediation Procedure.

There is a point we consider should be mentioned. We note that under the assignment of cases in many circuits, a judge other than the Judicial Referee to whom the case is assigned may undertake to perform acts on behalf of the Judicial Referee. We seriously question, without deciding, the validity of the practice.

CERTIORARI DENIED.

McCORD, C.J., BOYER, J., and McLANE, RALPH M., Associate Judge, concur.


Summaries of

Letts v. Davis

District Court of Appeal of Florida, First District
Mar 28, 1978
356 So. 2d 910 (Fla. Dist. Ct. App. 1978)
Case details for

Letts v. Davis

Case Details

Full title:NEIL F. LETTS, M.D., PETITIONER, v. CHARLES W. DAVIS, RESPONDENT

Court:District Court of Appeal of Florida, First District

Date published: Mar 28, 1978

Citations

356 So. 2d 910 (Fla. Dist. Ct. App. 1978)

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