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CAROLYN SNOWDEN AND CARL SNOWDEN, F/K/A KELLI SNOWDEN vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 95-002864N (1995)

Court: Division of Administrative Hearings, Florida Number: 95-002864N Visitors: 4
Petitioner: CAROLYN SNOWDEN AND CARL SNOWDEN, F/K/A KELLI SNOWDEN
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: WILLIAM J. KENDRICK
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Fort Lauderdale, Florida
Filed: Jun. 06, 1995
Status: Closed
DOAH Final Order on Friday, November 7, 1997.

Latest Update: Nov. 07, 1997
Summary: By stipulation filed November 6, 1997, the parties agreed to the dismissal of the petition (claim) filed in the above-styled case with prejudice, each party to bear its own attorney's fees and costs. Upon consideration, it is ORDERED that the petition (claim) for compensation under the Florida Birth-Related Neurological Injury Compensation Plan is hereby dismissed with prejudice, each party to bear its own attorney's fees and costs.Petitioners' claim under the Plan was extinguished when they pur
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Microsoft Word - 95-2864.doc

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


CAROLYN SNOWDEN and CARL SNOWDEN, )

as parents and natural guardians ) of KELLI SNOWDEN, a minor, )

)

Petitioners, )

)

vs. ) Case No. 95-2864N

) FLORIDA BIRTH-RELATED NEUROLOGICAL ) INJURY COMPENSATION ASSOCIATION, )

)

Respondent. )

)


FINAL ORDER OF DISMISSAL WITH PREJUDICE

By stipulation filed November 6, 1997, the parties agreed to the dismissal of the petition (claim) filed in the above-styled case with prejudice, each party to bear its own attorney's fees and costs. Upon consideration, it is

ORDERED that the petition (claim) for compensation under the Florida Birth-Related Neurological Injury Compensation Plan is hereby dismissed with prejudice, each party to bear its own attorney's fees and costs.

DONE AND ORDERED this 7th day of November, 1997, in Tallahassee, Leon County, Florida.



WILLIAM J. KENDRICK

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(904) 488-9675 SUNCOM 278-9675

Fax Filing (904) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 7th day of November, 1997.


COPIES FURNISHED:

(By certified mail)

Scott M. Newmark, Esquire Sheldon J. Schlesinger, P.A. 1212 Southeast Third Avenue Fort Lauderdale, Florida 33316


W. Douglas Moody, Jr., Esquire Graham & Moody, P.A.

101 North Gadsden Street Tallahassee, Florida 32301


Karen E. Harris, M.D. 6440 North Newberry Road

Gainesville, Florida 32605

North Florida Regional Medical Center Legal Department

6500 Newberry Road

Gainesville, Florida 32605

Lynn Dickinson, Executive Director Florida Birth-Related Neurological

Injury Compensation Association Post Office Box 14567 Tallahassee, Florida 32317-4567

Ms. Charlene Willoughby

Agency for Health Care Administration Consumer Services Unit

Post Office Box 14000 Tallahassee, Florida 32308


Dan Sumner, General Counsel Department of Insurance

The Capitol, Lower Level 26 Tallahassee, Florida 32399-0300

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 one copy of a Notice of Appeal with the Agency Clerk of the Division of Administrative Hearings and a second copy, accompanied by filing fees prescribed by law, with the appropriate District Court of Appeal. See Section 120.68(2), 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: 95-002864N
Issue Date Proceedings
Nov. 07, 1997 CASE CLOSED. Final Order of Dismissal with Prejudice sent out.
Nov. 06, 1997 (Joint) Stipulation and Final Order of Dismissal With Prejudice (filed via facsimile).
Oct. 10, 1997 (Petitioner) Amended Notice of Compliance With Court Order Dated September 23, 1997 filed.
Oct. 08, 1997 Order sent out. (Petitioners to voluntarily dismiss or show good cause why case should be dismissed by 11/1/97)
Oct. 03, 1997 (Petitioners) Notice of Compliance With Court Order Dated September 23, 1997 filed.
Sep. 23, 1997 Order sent out. (parties to respond within 10 days as to status of civil action)
Aug. 18, 1997 Order sent out. (Parties are to Comply with 7/31/97 Order, by 9/20/97)
Aug. 13, 1997 (Respondent) Notice to Court (filed via facsimile).
Aug. 12, 1997 (Petitioner) Notice of Compliance With Court Order Dated July 31, 1997 filed.
Jul. 31, 1997 Order sent out. (parties to respond within 14 days as to why hearing cannot proceed promptly)
Jul. 01, 1996 Order of Abeyance sent out. (Parties to file status report by 9/13/96)
Jun. 14, 1996 (NICA) Status Report filed.
Jun. 14, 1996 Letter to WJK from Scott Newmark (RE: request for extension of abatement for another 90 days until ruling is made by Supreme Court) filed.
Jun. 13, 1996 Letter to WJK from Scott M. Newmark (RE: Response to Hearing Officer`s Order of 3/11/96) filed.
Mar. 11, 1996 Letter to S. Newmark & CC: D. Moody from WJK (& enclosed cc: medical advisory panel report) sent out.
Mar. 11, 1996 Order sent out. (Hearing cancelled; case abated)
Mar. 06, 1996 Letter to WJK from J. Perry (re:conclusion: not entitled to NICA benefits) filed.
Mar. 01, 1996 (Petitioners) Motion for Continuance filed.
Feb. 26, 1996 (Petitioners) Motion to Dismiss Petition for Compensation filed.
Feb. 22, 1996 Letter to SLS from Sylvan Strickland (RE: enclosing letter from Scott Newmark dated 2/13/96) filed.
Feb. 20, 1996 (Scott Newark) Subpoena Duces Tecum; Return of Service filed.
Feb. 20, 1996 Letter to SLS from Scott Newmark (RE: request for copy of Medical Advisory Panel Report) filed.
Feb. 05, 1996 Petitioner`s Notice of Taking Deposition Via Telephone (Duces Tecum) filed.
Jan. 29, 1996 Plaintiff`s Notice of Propounding Expert Interrogatories; Expert Interrogatories filed.
Jan. 11, 1996 Petitioners Re-Notice of Taking Deposition VIA Telephone (Duces Tecum) filed.
Dec. 21, 1995 Petitioner`s Re-Notice of Taking Deposition Duces Tecum filed.
Dec. 14, 1995 Petitioners Re-Notice of Taking Deposition Duces Tecum filed.
Dec. 11, 1995 Order Rescheduling Hearing On Compensation sent out. (hearing set for 3/14/96; 12:00pm; Ft. Lauderdale)
Dec. 06, 1995 (Petitioner) Motion for Continuance filed.
Nov. 21, 1995 Petitioner`s Notice of Taking Deposition Duces Tecum filed.
Nov. 06, 1995 Order sent out. (hearing rescheduled for 1/23/96; 12:00pm; Ft. Lauderdale)
Nov. 02, 1995 Amended Notice of Hearing (As to Room Location Only) sent out. (hearing set for 1/30/96; 10:00am; Gainesville)
Oct. 19, 1995 Notice of Hearing sent out. (hearing set for 1/30/96; 10:00am; Gainesville)
Oct. 18, 1995 (Respondent) Notice of Noncompensability and Request for Evidentiary Hearing On Compensability filed.
Aug. 10, 1995 Amended Notice of Taking Party Deposition (from D. Moody) filed.
Aug. 10, 1995 Notice of Taking Party Deposition (from D. Moody) filed.
Aug. 09, 1995 Order sent out. (Motion for Sanctions denied)
Jul. 19, 1995 Notice of Hearing (from Scott Newark) filed.
Jul. 18, 1995 Order sent out. (Motion for protective order is granted)
Jul. 17, 1995 (Karen Harris) Motion for Protective Order filed.
Jul. 17, 1995 Notice of Appearance (from Craig A. Dennis) filed.
Jul. 10, 1995 (Respondent) Response to Motion for Sanctions filed.
Jun. 29, 1995 (Petitioners) Motion for Sanctions filed.
Jun. 28, 1995 (Initial) Order sent out. (L. Dickinson Accepted as Qualified Representative for NICA)
Jun. 15, 1995 (Respondent) Motion to Act As a Qualified Representative Before the Division of Administrative Hearings; Affidavit filed.
Jun. 07, 1995 Order (Respondent`s motion is granted).
Jun. 07, 1995 Notification card sent out.
Jun. 07, 1995 Letter. to L. Dickinson + interested parties from MHL encl. NICA claim for compensation with medical records sent out.
Jun. 06, 1995 NICA Medical Records filed (not available for viewing).
Jun. 06, 1995 Claimants` Petition for Compensation from the Florida Birth-Related Neurological Injury Compensation Plan; $15.00 Filing Fee (Ck# 85727); Medical Records (1 Expando Folder); Cover Letter from S. Newmark filed.

Orders for Case No: 95-002864N
Issue Date Document Summary
Nov. 07, 1997 DOAH Final Order Petitioners' claim under the Plan was extinguished when they pursued a civil action against participating physician to closure thru settlement.
Source:  Florida - Division of Administrative Hearings

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