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STATE EX REL. McCLURE v. JOHNSON

No. 79-56.

376 So.2d 43 (1979)

STATE ex rel. Richard L. McCLURE, As Personal Representative of the Estate of Dolores McClure, Deceased, and As Surviving Spouse of Said Deceased, Petitioner, v. The Honorable William Clayton JOHNSON, Judicial Referee of the Seventeenth Judicial Circuit, in and for Broward County, Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

October 24, 1979.

Attorney(s) appearing for the Case

Milton S. Blaut of Abrams, Anton, Robbins, Resnick, Schneider & Mager, Hollywood, for petitioner.

William deF. Thompson, Fort Lauderdale, and Edna L. Caruso, West Palm Beach, for respondent.

DOWNEY, Chief Judge.

Petitioner seeks to prohibit further exercise of jurisdiction by a medical mediation panel for the reason that jurisdiction over the subject matter has expired because no hearing has been held within 120 days from the date the claim was filed as required by Section 768.44(3), Florida Statutes (1977), and Medical Mediation Rule 20.160(e). The latter rule provides:

The hearing is to be held within...

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