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SCHERER v. LIBERTO

Nos. 76-2633, 77-46, 76-2631 and 76-2632.

353 So.2d 1224 (1977)

William P. SCHERER, M.D., Petitioner, v. Sara B. LIBERTO, Respondent (Two Cases). William P. SCHERER, M.D., Appellant, v. Sara B. LIBERTO, Appellee. STATE of Florida On the Relation of William P. SCHERER, M.D., Relator, v. The Honorable Judge John G. FERRIS, Judge of the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida, and Sara B. Liberto, Respondents.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 2, 1978.

Attorney(s) appearing for the Case

Richard M. Gale, Alan R. Dakan and Stephens & Schwartz, Miami, for appellant/relator/petitioner.

Alan C. Brandt, Jr., and E. Hugh Chappell, Jr., of McCrory, Chappell, Brandt & Gore, P.A., Fort Lauderdale, for appellee/respondents.

DAUKSCH, Judge.

The question on appeal is whether the requirement of Section 768.133(1)(c), Florida Statutes (1975) (now Section 768.44(1)(c), Florida Statutes (Supp. 1976)), is jurisdictional. That is, if a defendant fails to file an answer to a medical malpractice claim within 20 days of service of the claim does the medical mediation panel ever gain jurisdiction. We answer that the clear wording of the statute indicates the filing of the answer is jurisdictional...

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