DIGGETT v. CONKLING

No. 78-1878.

368 So.2d 74 (1979)

Heather Lynne DIGGETT, a Minor, by and through Her Parents and Next Friends, Ernest A. Diggett and Sandra Diggett, and Ernest A. Diggett, Individually, and Sandra Diggett, Individually, Petitioners, v. Honorable Virgil B. CONKLING, Circuit Judge of the 18TH Judicial Circuit, Brevard County, Florida, Angel Quinones, M.D., et al., Respondents.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 26, 1979.


Attorney(s) appearing for the Case

David J. White of Beckham, McAliley & Proenza, P.A., Miami, for petitioners Diggett.

Jon E. Johnson of Smalbein, Eubank, Johnson, Rosier & Bussey, P.A., Daytona Beach, for respondents Quinones, Mangone, Clarke & Sandberg, P.A., and Wood.


LETTS, Judge.

This case involves a petition for certiorari based on a ruling that jurisdiction is preserved if the judicial referee by himself, and without the other two members of the panel, commences a final hearing under the medical mediation procedure, within six months from the claim filing date.

It is true that the appellants stipulated "... to this medical mediation claim simply being commenced ... before the judicial referee... ." The appellants having...

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