AGUSTIN F. GRANDA, M.D., AND LUIS R. CACERES, M.D., PETITIONERS,
v.
THE HONORABLE ARDEN M. SIEGENDORF, CIRCUIT JUDGE OF THE CIRCUIT COURT IN AND FOR DADE COUNTY, FLORIDA, AND MIGUEL ANGEL RIOS, RESPONDENTS

Fla. 3d DCA | 1979-05-15
No. 79-348
Before HENDRY, HUBBART and KE-HOE, JJ.
370 So. 2d 1227 Florida District Court of Appeal, Third District (1979) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition for writ of mandamus is granted, the motion to dismiss is denied, and the respondent judicial referee is directed to hold a full medical mediation hearing with all three panel members present based on the authority of Grossman v. Duncan, 371 So. 2d 142 (Fla. 1st DCA 1979); Hewitt v. Caffee, 368 So. 2d 1342 (Fla. 3d DCA 1979); Diggett v. Conkling, 368 So. 2d 74 (Fla. 4th DCA 1979). We are confident that it will be unnecessary for this court to issue a peremptory writ of mandamus and that the respondent judicial referee upon receipt of this opinion will comply with this court’s directive as stated above. It is so ordered.


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  • Steinhardt v. Rudolph, 422 So. 2d 884 (Fla. 3d DCA 1982)
    …al unit owners. It is now recognized that a cause of action sounding in unconscionability lies against the enforceability of such leases. Avila South Condominium Ass’n v. Kappa Corp., 347 So. 2d 599, 605 (Fla.1977); Cole v. Angora Enterprises, Inc., 370 So. 2d 1227 (Fla. 4th DCA 1979); Burleigh House Condominium, Inc. v. Buchwald, 368 So. 2d 1316, 1317-18 (Fla. 3d DCA), cert. denied, 379 So. 2d 203 (Fla.1979); Point East One Condominium Corp. v. Point East Developers, Inc., 348 So. 2d 32, 36 (Fla. 3d DCA 1977)…
  • Angora Enters., Inc. v. Benjamin Cole et ux., 439 So. 2d 832 (Fla. 1983)
    …gned the lease to Kosow who assumed the existing institutional mortgage and gave back to Angora a purchase money mortgage for the balance of the sale price. The Fourth District Court affirmed in part and reversed in part. Cole v. Angora Enterprises, 370 So. 2d 1227 (Fla. 4th DCA 1979). The complaint was then refiled along with another motion for leave to deposit rent into the registry. Petitioner Kosow sought disbursement of the funds to make payment on the mortgage under section 718.401(4), Florida Statutes…
  • Cole v. Angora Enters., Inc., 403 So. 2d 1010 (Fla. 4th DCA 1981)
    …is simply not available here because of the posture of this appeal. The original complaint in this dispute, up through the third amendment thereto, has already been appealed to this court and a decision rendered in Cole v. Angora Enterprises, Inc., 370 So. 2d 1227 (Fla. 4th DCA 1979). A reading of that third amended complaint reveals no attempt whatever to plead breach of fiduciary duty or self-dealing .arising from the execution of the long term lease. This being so, the law is clear on this subject. Upon re…

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