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Floyd v. Goss

Floyd v. Goss, 352 So. 2d 1189 (Fla. Dist. Ct. App. 1977)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
November 9, 1977
Docket
No. 76-1650
Judges
Dauksch
Citations
352 So. 2d 1189
Cited by 7 1 descriptions by later courts

Opinion

352 So.2d 1189 (1977)

Joanne FLOYD and John E. Floyd, Her Husband, Petitioners,

v.

Dr. S.A. GOSS, and Orange Memorial Hospital, Respondents.

No. 76-1650.

District Court of Appeal of Florida, Fourth District.

November 9, 1977. Rehearing Denied January 9, 1978.

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.

DAUKSCH, Judge.

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.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 7 cases

View all citing references →
1977: 11978: 31979: 319772026peak 1978 · 3

Relies on it most ⓘ

  1. McMahon v. Glixman393 N.E.2d 875 (Mass. 1979)
  2. Herrera v. Doctor's Hospital360 So. 2d 1092 (Fla. Dist. Ct. App. 1978)
  3. Hubacher v. Landry360 So. 2d 42 (Fla. Dist. Ct. App. 1978)
  4. Mott v. Fort Pierce Memorial Hospital375 So. 2d 360 (Fla. Dist. Ct. App. 1979)
  5. Drs. Howarth & Scott, PA v. Edwards353 So. 2d 175 (Fla. Dist. Ct. App. 1977)
  6. Taylor ex rel. Taylor v. Munroe Memorial Hospital362 So. 2d 142 (Fla. Dist. Ct. App. 1978)

Most recent

  1. Mott v. Fort Pierce Memorial Hospital375 So. 2d 360 (Fla. Dist. Ct. App. 1979)
  2. McMahon v. Glixman393 N.E.2d 875 (Mass. 1979)
  3. Finnk v. Tanner366 So. 2d 524 (Fla. Dist. Ct. App. 1979)
  4. Taylor ex rel. Taylor v. Munroe Memorial Hospital362 So. 2d 142 (Fla. Dist. Ct. App. 1978)
  5. Hubacher v. Landry360 So. 2d 42 (Fla. Dist. Ct. App. 1978)
  6. Herrera v. Doctor's Hospital360 So. 2d 1092 (Fla. Dist. Ct. App. 1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
State ex rel. Mercy Hosp., Inc. v. Vann, 342 So. 2d 1073 (Fla. Dist. Ct. App. 1977) 20
In re Transition Rule 21, 316 So. 2d 38 (Fla. 1975) 8
Koota v. Parkway Gen. Hosp., Inc., 346 So. 2d 124 (Fla. Dist. Ct. App. 1977) 5

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