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GROSSMAN v. DUNCAN

Nos. MM-236, MM-275.

371 So.2d 142 (1979)

Denise GROSSMAN, Petitioner, v. Honorable Gordon A. DUNCAN, Jr., As Judge of the Fourth Judicial Circuit, in and for Duval County, Florida, and Judicial Referee, Chalermchai Punya, M.D., Panel Member for Mediation, and Earl M. Johnson, Esquire, Panel Member for Mediation, Respondents. Denise GROSSMAN, Appellant, v. MEMORIAL HOSPITAL OF JACKSONVILLE and Michael R. Malanga, M.D., Appellees.

District Court of Appeal of Florida, First District.

March 14, 1979.

Attorney(s) appearing for the Case

Charles B. Lembcke of Datz, Jacobson & Lembcke, Jacksonville, for petitioner-appellant. (Nos. MM-236 and MM-275)

Robert L. Shevin, Atty. Gen., for respondent. (No. MM-236)

Noah H. Jenerette, Jr. and Rutledge R. Liles, Jacksonville, for appellees. (No. MM-275)

ERVIN, Judge.

The petitioner seeks a writ prohibiting the judicial referee of the medical mediation panel from commencing a hearing on her malpractice claim beyond the six-month statutory period in § 768.44(3) and Fla.R. Med.P. 20.190(c). The record shows that the petitioner filed her claim on April 7, 1978, and that, before the initial 120-day1 statutory time period had run, the judicial referee had extended the time for commencement...

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