RUBEN v. KELLEY

No. 58120.

402 So.2d 1165 (1981)

Bradley RUBEN, D.O., Petitioner, v. Jack K. KELLEY and Lina Kelley, His Wife, Respondents.

Supreme Court of Florida.

Rehearing Denied September 23, 1981.


Attorney(s) appearing for the Case

John Edward Herndon, Jr. of Thornton & Herndon, Miami, for petitioner.

Gary D. Fox of Floyd, Pearson, Stewart, Richman, Greer & Weil, Miami, for respondents.

John R. Lawson, Jr. of Dixon, Lawson & Brown, Tampa, for Florida Medical Ass'n, amicus curiae.

Larry Klein and Janet W. Freeman, West Palm Beach, for The Academy of Florida Trial Lawyers, amicus curiae.

David A. Barrett and C. Howard Hunter of Barrett & Bajoczky, Tallahassee, for Florida Patient's Compensation Fund and Florida Medical Malpractice Joint Underwriting Ass'n, amici curiae.


ADKINS, Justice.

By certiorari petitioner, defendant in the trial court, seeks review of an interlocutory order declaring section 768.44 et seq., Florida Statutes (1979), unconstitutional. We have jurisdiction. Art. V, § 3(b)(3), Florida Constitution (1972).

Plaintiffs filed a complaint for medical mediation against defendant Ruben on October 13, 1977. The mediation panel ultimately found two-to-one in favor of the defendant on August 2, 1978, clearly...

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