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365 So. 2d 213

Docket Nos. 77-471, 77-1149.

Chambers v. Gaul

Phyllis CHAMBERS, As Administratrix and Personal Representative of the Estate of William J. Chambers, Appellant, v. John GAUL, D.L. and George Court, D.O., Appellees.

District Court of Appeal of Florida

Decided December 13, 1978.

District Court of Appeal of Florida · decided 1978-12-13

Cited by 4 later decisions — most recently July 1980

4 state decisions

Key passage — most relied on by later courts

““The effect of the 60 day provision is to extend the applicable statute of limitations up to 60 days after termination of the mediation proceeding in those cases where less than 60 days remain on the statute of limitations.””

quoted by 1 later decision, including Kirkley v. Behe

Relies on 359 So. 2d 56 - Jones v. North Dade Hospital, Inc. · Enfield v. Held

Good law ✅— No negative treatment on recordhow we know

Decided 1978-12-13

View the full empirical analysis of this case →

¶1*214 Edward A. Perse of Horton, Perse & Ginsberg, Miami, for appellant.

¶2Richard A. Sherman of Wicker, Smith, Blomqvist, Davant, McMath, Tutan & O'Hara, Miami, for appellee Dr. Gaul.

¶3MOORE, Judge.

¶4This is an appeal by the plaintiff in a malpractice action from an order dismissing the complaint because it was not filed within 60 days after the termination of jurisdiction of the medical mediation panel.

¶5William Chambers was admitted to a hospital in March, 1975 and died that month when complications developed after surgery. The personal representative of his estate filed a medical mediation claim. Jurisdiction of the panel terminated, without any decision having been rendered, on June 4, 1976. The personal representative then filed a wrongful death-malpractice action on December 21, 1976. Even though the action was filed within the applicable two year statute of limitations, the trial judge dismissed the complaint, pursuant to Section 768.44(4), Florida Statutes (1976 Supp.), which provides that a complaint shall be filed within 60 days from the date on which the jurisdiction of the panel is terminated.

¶6The 60 day filing period of § 768.44(4) does not shorten the applicable statute of limitations. Jones v. North Dade Hospital, Inc.,359 So.2d 56 (Fla.3d DCA 1978); Enfield v. Held,357 So.2d 772 (Fla.2d DCA 1978). The effect of the 60 day provision is to extend the applicable statute of limitations up to 60 days after termination of the mediation proceeding in those cases where less than 60 days remain on the statute of limitations.

¶7The order appealed from is reversed and the cause is remanded with directions to reinstate the complaint.

¶8ANSTEAD and LETTS, JJ., concur.

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