08-1751 SHARI BETH GOTTLIEB, as Personal Representative of the Estate of MARTIN J. GOTTLIEB, Deceased, for and on behalf of said Estate and the survivors thereof, V. MOHAMAD R. SAMIIAN, M. D., individ

State: Florida

Court: Florida First District Court

Docket No: 08-1751

Case Date: 12/05/2008

Preview:SHARI BETH GOTTLIEB, as Personal Representative of the Estate of MARTIN J. GOTTLIEB, Deceased, for and on behalf of said Estate and the survivors thereof, Petitioner, v. MOHAMAD R. SAMIIAN, M.D., individually and doing business as AESTHETIC & PLASTIC SURGERY CLINIC OF JACKSONVILLE; and M. REZA SAMIIAN, M.D., P.A., Respondents. _____________________________/ Opinion filed December 5, 2008.

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D08-1751

Petition for Writ of Certiorari. Original jurisdiction. Stephen J. Pajcic, III, of Pajcic & Pajcic, P.A., Jacksonville; and William A. Bald of Dale, Bald, Showalter, Mercier & Green, P.A., for Petitioner. Shelley H. Leinicke of Wicker, Smith, O'Hara, McCoy, Graham & Ford, P.A., Ft. Lauderdale; Craig A. Dennis of Dennis, Jackson, Martin & Fontela, P.A., Tallahassee; and Fred Tromberg, Jacksonville, for Respondents.

KAHN, J. We have for certiorari review a petition brought by Shari Beth Gottlieb, plaintiff below in a civil action, alleging that medical malpractice caused the

wrongful death of her son, Martin J. Gottlieb. The order on review granted a motion to disinter filed by respondents, defendants in the trial court. We view the motion to disinter as a discovery request. We have jurisdiction. See Staman v. Lipman, 641 So. 2d 453 (Fla. 1st DCA 1994). Finding that the order on review departs from the essential requirements of law and will cause material harm that cannot be adequately remedied by appeal, we grant relief and quash the order.

FACTUAL AND PROCEDURAL BACKGROUND This matter arises from a binding arbitration proceeding pursuant to section 766.207, Florida Statutes (2003). See Samiian v. Gottlieb, 958 So. 2d 926 (Fla. 1st DCA 2007) (affirming per curiam an order of the circuit court requiring arbitration of this matter). In the arbitration proceeding, damages only, and not liability, are at issue before the assigned administrative law judge of the Florida Division of Administrative hearings. See

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