HomeMy WebLinkAbout1583
determination of invalidity was prospective, and that prior
claims falling within the statute wire not affected. Before
Aldana, Garwood had subsitted her personal claim against Fort
Pierce Memorial Hospital to a panel which found that the hospital
was not negligent. Our zulinq in Aldaaa left that prior written
decision of the aadical mediation panel intact, so that the
hospital is entitled to haw the panel lindiaq admitted into
evidence i,a a subsequent trial, should one be necessary.
Garwood subuitted another negligence claim against Or.
Heraaade= after the panel hearing on her claia against Fort
Pierce Memorial Hospital had terminated, and over two years after
the alleged act of malpractice. Hernandez hire contends a
panel's jurisdiction terminated because ao hearing was held
within the required 120 days.9 1-s this contention raises
unresolved questions of fact, we remand this issue to the trial
court for any further proceedings that may be necessary.
(3) Sie find nothing tO support or command the trial
court's finding that two years is 'unconstitutionally too short'
for a claim such as this. ule note that Garwood'a counsel did not
request this rnliaq, and that he now disavows it. Because there
has been no opportunity to develop facts which would determine
the applicability o! a statute of limitations oa Garwood's
personal claims, l0 we also remand this issue to the trial court
for appropriate furtbar proceedings.
One furtber matter must be mentioned. The trial judge in
this case expressed strong dissatisfaction with prior decisions
of this Court sad ruled contrary to thee, basically on the ground
that ha took as oath to uphold the constitution as he construes
it. He is wrong is asserting his personal construction of the
law is the face of authoritative determinations to the contrary
by this Court, and his exercise in judicial independence has cost
these litigants and the judicial systea considerable time and
money which should not have been expanded. k trial judge may
roll be free to express his personal disagzaemant with the
-3-
~~~~ ~ t
~. _
a~x344 PAGE158`3
s
1
f
'I
~._-~' ~`