Ruben v. Kelley

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 within the ten-month limit provided by the mediation statute. On September 17, 1978, the plaintiffs instituted this action in the circuit court.…