STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RANDALL MILLION AND EILEEN ) MILLION, ON BEHALF OF AND AS ) PARENTS AND NATURAL GUARDIANS ) OF SIMEON ELIJAH MILLION, )

)

Petitioners, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

)

NORTH BROWARD HOSPITAL ) DISTRICT, d/b/a BROWARD GENERAL ) MEDICAL CENTER; HARVEY C. ROTH, ) M.D.; MARK TOMBACK, M.D.; and )

KAREN J. SACER, C.N.M., )

)

Intervenors. )

Case No. 02-2702N

)

FINAL ORDER

On August 29, 2006, a Partial Award was entered, which resolved all issues related to an award, except attorney's fees and other expenses incurred in pursuing the claim. With regard to those expenses, the order provided:

By separate order or notice, a hearing will be scheduled to resolve the amount owing for reasonable expenses incurred in connection with the filing of the claim, including

reasonable attorney's fees. Once resolved, an award will be made and a final order issued.

The hearing to resolve the amount owing for attorney's fees and other expenses incurred in pursuing the claim was originally scheduled for November 13 and 14, 2006. However, at the parties' request the hearing was rescheduled for November 27, 2006. In the interim, the parties resolved their dispute, and on November 22, 2006, filed a Stipulation for Settlement of Reasonable Expenses, wherein they agreed that "Petitioners shall receive . . . an award of . . . $41,600.00, of which $34,600.00 shall be an attorney's fee to Petitioners' counsel (inclusive of any/all fees owed to both Altom Maglio, Esquire[,] and Henry T. Courtney, Esquire[,] and their respective firms), and $7,000.00 shall be reimbursement of taxable costs, in accordance with

§ 766.31(1)(c), Florida Statutes." Given the foregoing, it is ORDERED that:

1. The parties' Stipulation for Settlement of Reasonable Expenses, filed November 22, 2006, is approved and the parties are directed to comply with the provisions thereof.

2. The Division of Administrative Hearings retains jurisdiction over this matter to enforce all awards.

§ 766.312(1), Fla. Stat.

DONE AND ORDERED this 27th day of November, 2006, in Tallahassee, Leon County, Florida.

S

WILLIAM J. KENDRICK

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 27th of November, 2006.

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association 2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7099 3400 0010 4399 2628)

Jerome R. Silverburg, Esquire Peterson, Bernard, Vandenberg, Zei,

Geisler & Martin

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this Final Order is entitled to judicial review pursuant to Sections 120.68 and 766.311, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original of a notice of appeal with the Agency Clerk of the Division of Administrative Hearings and a copy, accompanied by filing fees prescribed by law, with the appropriate District Court of Appeal. See Section 766.311, Florida Statutes, and Florida Birth-Related Neurological Injury Compensation Association v. Carreras, 598 So. 2d 299 (Fla. 1st DCA 1992). The notice of appeal must be filed within 30 days of rendition of the order to be reviewed.

Docket for Case No: 02-002702N

Orders for Case No: 02-002702N