Mueller v. North Broward Hospital District

This is an appeal from an order granting appellee’s motion to dismiss for lack of prosecution. We reverse.

Appellant initiated this action in 1978 against North Broward Hospital District and three physicians, of whom appellee Dickens was one, alleging that the negligence of all four named defendants directly caused the death of Helen C. Smith. No process was issued as to Dickens. In April, 1979, the trial court granted the hospital district’s motion to dismiss on the ground that appellant’s claim had to be submitted first to medical mediation. On appeal we affirmed.

On November 30, 1979,…