STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JAMIE MADRIL and DANIEL MADRIL, )

as parents and natural guardians ) of ANNA CHRISTINE MADRIL, a minor, )

)

Petitioner, )

)

vs. ) CASE NO. 95-5497N

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

)

Respondent. )

___________________________________)

FINAL ORDER OF DISMISSAL WITHOUT PREJUDICE

On March 22, 1996, an order to show cause was rendered in the above-styled case which provided:

By letter of March 15, 1996, filed March 20, 1996, a true copy of which is attached hereto, petitioners advised that they were "not interested in pursuing our case against the Florida Birth-Related Neurolog- ical Injury Compensation Association." Under the circumstances, it is

ORDERED that the parties show good cause in writing, if any they can, within ten (10) days of the date of this order as to why petitioners' letter should not be considered a notice of voluntary dismissal and this case be dismissed without prejudice. Failure to respond to this order or a failure to demonstrate good cause will result in the recognition of petitioners' letter as a notice of voluntary dismissal and the entry

of an order dismissing the claim without prejudice.

By notice filed March 26, 1996, respondent agreed that petitioners' letter should be considered a notice of voluntary dismissal and this case be dismissed without prejudice.

Petitioners have not responded to the order to show cause. Under the circumstances, it is

Ordered that petitioners' letter of March 15, 1996, is considered a notice of voluntary dismissal and this claim is hereby dismissed without prejudice.

DONE AND ORDERED this 10th day of April 1996 in Tallahassee, Florida.

____________________________________ WILLIAM J. KENDRICK, Hearing Officer Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 10th day of April 1996.

COPIES FURNISHED:

Jamie and Daniel Madril 34C Cape Drive

Fort Walton Beach, Florida 32548

Lynn Dickinson, Executive Director Florida Birth-Related Neurological

Injury Compensation Association 1435 Piedmont Drive East, Suite D Post Office Box 14567 (32317-4567)

Tallahassee, Florida 32312

Baptist Hospital Legal Department

1000 West Moreno Street Pensacola, Florida 32522

Dr. Paul LaRose

1717 North "E" Street, Suite 205

Pensacola, Florida 32501

Ms. Tanya Williams

Agency for Health Care Administration Division of Health Quality Assurance Hospital Section

2727 Mahan Drive

Tallahassee, Florida 32308

Ms. Charlene Willoughby Department of Business and

Professional Regulation Consumer Services

1940 North Monroe Street Tallahassee, Florida 32399-0784

Dan Sumner, General Counsel Department of Insurance

The Capitol, Plaza Level 11 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: 95-005497N

Orders for Case No: 95-005497N