LUSTIG v. McCORMICK

No. 77-763.

358 So.2d 844 (1978)

Edward LUSTIG, Appellant, v. Kenneth N. McCORMICK, Sekinger and Puento-Duanty, P.A., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 2, 1978.


Attorney(s) appearing for the Case

Samuel Sheradsky, Miami, for appellant.

Wicker, Smith, Blomqvist, Davant, McMath, Tutan & O'Hara and Richard Sherman, Miami, for appellees.

Before PEARSON, HUBBART and KEHOE, JJ.


PER CURIAM.

This is an appeal by the plaintiff from an order dismissing his complaint seeking recovery for medical malpractice. The trial judge set out the facts, which are not disputed on appeal:

"It appears without dispute the Medical Mediation case was filed on September 27, 1975. No order extending the time for hearing on the claim was ever entered, hence under Section 768.44(3), F.S. jurisdiction of the mediation panel terminated 120 days from September...

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