Petitioner: DONALYN DICKEY AND LEONARD DICKEY, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF KOBE DICKEY, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: WILLIAM J. KENDRICK
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Orlando, Florida
Filed: Sep. 18, 2002
Status: Closed
DOAH Final Order on Monday, November 24, 2003.
Latest Update: Nov. 24, 2003
Summary: This cause came on for consideration of Intervenors' Motion for Involuntary Dismissal, served October 23, 2003, and the Order to Show Cause, entered November 7, 2003.The Petition for Benefits was dismissed without prejudice for Petitioners` failure to comply with the discovery order.
02-3647STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DONALYN DICKEY and LEONARD
DICKEY, individually and as parents and natural guardians of KOBE DICKEY, a minor,
Petitioners,
vs.
FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,
Respondent,
and
PETER C. MCILVEEN; JACK H. GERKOVICH, M.D.; and ORLANDO REGIONAL HEALTHCARE SYSTEM, INC.,
Intervenors.
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FINAL ORDER OF DISMISSAL WITHOUT PREJUDICE
This cause came on for consideration of Intervenors' Motion for Involuntary Dismissal, served October 23, 2003, and the Order to Show Cause, entered November 7, 2003.
Intervenors' Motion for Involuntary Dismissal requested that the Petition for Benefits be dismissed without prejudice based on Petitioners' failure to comply with an order, entered
September 26, 2003, granting Intervenors' Motion to Compel
Discovery and ordering Petitioners to respond to such discovery within 10 days of the date of the order.
Petitioners did not respond to Intervenors' Motion for Involuntary Dismissal, and on November 7, 2003, an Order to Show Cause was entered, which provided as follows:
On October 23, 2003, Intervenors served a Motion for Involuntary Dismissal of Petitioners' claim without prejudice. A copy of such motion is attached hereto. To date, neither Petitioner has responded to the motion. Rule 28-106.204(4), Florida Administrative Code. Accordingly, it is
ORDERED that within 10 days of the date of this order, Petitioners show cause in writing, if any they can, why the relief requested by Intervenors should not be granted.
To date, neither Petitioner has responded to the Motion for Involuntary Dismissal or the Order to Show Cause. Accordingly, it is
ORDERED that Intervenors' Motion for Involuntary Dismissal without prejudice is granted, and the Petition for Benefits is dismissed without prejudice.
DONE AND ORDERED this 24th day of November, 2003, 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 24th day of November, 2003.
COPIES FURNISHED:
Kenney Shipley, Executive Director Florida Birth-Related Neurological
Injury Compensation Association 1435 Piedmont Drive, East, Suite 101
Tallahassee, Florida 32312
Larry J. Townsend, Esquire Mateer & Harbert, P.A.
225 East Robinson Street, Suite 600 Post Office Box 2854
Orlando, Florida 32802-2854
Ronald A. Labasky, Esquire Post Office Box 669
Tallahassee, Florida 32302-0669
Donalyn Dickey
Post Office Box 6298 Tallahassee, Florida 32314
Leonard Dickey
5207B Mulberry Avenue
Wilmington, North Carolina 28403
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: 02-003647N
| Issue Date |
Proceedings |
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Nov. 24, 2003 |
Final Order of Dismissal. CASE CLOSED.
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Nov. 07, 2003 |
Order to Show Cause.
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Nov. 06, 2003 |
Motion to Allow IME and for Continuance of Compensability Hearing filed by L. Townsend.
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Oct. 29, 2003 |
Letter to D. Dickey from Judge Kendrick notifying the parties of new address (reflected on the orders of September 26, 2003).
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Oct. 27, 2003 |
Motion for Involuntary Dismissal filed by L. Townsend.
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Oct. 09, 2003 |
Letter to DOAH from D. Dickey notice of change of address filed.
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Oct. 06, 2003 |
Notice of Serving Answers to Interrogatories (filed by Petitioner via facsimile).
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Sep. 26, 2003 |
Order Granting Motion to Compel Discovery. (Intervenors` motion to compel discovery is granted, and Petitioners Donalyn Dickey and Leonard Dickey shall, within 10 days of the date of this order, respond to Intervenors` interrogatories and amended request to produce)
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Sep. 26, 2003 |
Order Granting Continuance and Re-scheduling Video Teleconference (video hearing set for December 8, 2003; 9:00 a.m.; Orlando and Tallahassee, FL).
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Sep. 15, 2003 |
Response to Motion to Compel Discovery and to Cancel Compensability Heairng filed by Petitioner.
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Sep. 08, 2003 |
Motion to Compel Discovery and to Cancel Compensability Hearing filed by L. Townsend.
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Sep. 02, 2003 |
Letter to A. Cole from R. Gilbert stating he no longer represents the Petitioners in this matter filed.
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Aug. 27, 2003 |
Certificate of Service, All Available Medical Records filed by L. Dickey.
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Aug. 26, 2003 |
Notice of Change Address (filed by R. Labasky via facsimile).
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Aug. 22, 2003 |
Notice of Serving Interrogatories filed by D. Eisel.
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Aug. 20, 2003 |
Respondent`s Response to Intervenor`s Request to Produce (filed via facsimile).
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Aug. 08, 2003 |
Notice of Serving Answers to Interrogatories filed by L. Townsend.
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Aug. 01, 2003 |
Amended Request to Produce filed by D. Eisel.
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Jul. 29, 2003 |
Order. (the time for responding to discovery is modified, and is reduced to 20 days from the date of service of the discovery or the date of this order, whichever is greater)
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Jul. 15, 2003 |
all parties are hereby authorized to conduct discovery, and the time within which to respond to discovery is herby reduced to 10 days from the date of service of the date of this order.
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Jul. 15, 2003 |
Order. (Respondent`s motion for discovery and Respondent`s motion for leave to conduct discovery is granted etc.)
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Jul. 14, 2003 |
Request to Produce filed by Intervenor.
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Jul. 10, 2003 |
Motion for Leave to Conduct Discovery and to Shorten Time for Discovery Responses filed by D. Eisel.
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Jul. 10, 2003 |
Request to Produce filed by D. Eisel.
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Jul. 03, 2003 |
Respondent`s Notice of Service of Interrogatories to Intervenors (filed via facsimile).
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Jul. 03, 2003 |
Respondent`s Notice of Service of Interrogatories to Petitioner (2) (filed via facsimile).
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Jul. 03, 2003 |
Respondent`s Motion for Discovery (filed via facsimile).
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Jun. 09, 2003 |
Notice of Hearing by Video Teleconference (video hearing set for October 2, 2003; 9:00 a.m.; Orlando and Tallahassee, FL).
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May 20, 2003 |
Respondent`s Response to Order filed.
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May 12, 2003 |
Intervenors` Response to Court Order Requesting Available Dates for Hearing filed.
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Apr. 29, 2003 |
Order issued. (the motion and amended motion of Ronald S. Gilbert for leave to withdraw as Petitioner`s counsel is granted)
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Apr. 21, 2003 |
Letter to Judge Kendrick from D. Dickey re: retaining new counsel (filed via facsimile).
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Apr. 11, 2003 |
Order to Show Cause issued. (within 14 days of the date of this order, Petitioners show good cause in writing, if any they can, why the relief requested by Mr. Gilbert should not be granted)
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Mar. 28, 2003 |
Letter to Judge Kendrick from R. Gilbert re: requesting approval to withdraw as counsel of record (filed via facsimile).
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Feb. 25, 2003 |
Letter to L. Townsend from Judge Kendrick acknowledging receipt of your letter of February 20, 2003 issued.
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Feb. 24, 2003 |
Letter to Judge Kendrick from L. Townsend regarding order of February 6, 2003 filed.
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Feb. 10, 2003 |
Order Staying Proceeding issued. (ruling is deferred on Mr. Gilbert`s motion and amended motion to withdraw, it is further ordered that these proceedings are stayed for 30 days)
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Feb. 06, 2003 |
Letter to Judge Kendrick from R. Gilbert stating date and time of scheduled conference call (filed via facsimile).
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Feb. 06, 2003 |
Order issued. (within (14) days of the date of this order the parties advise the undersigned in writing as to the earliest date they will be prepared to proceed to hearing on the issue of compensability)
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Feb. 04, 2003 |
Petitioners` Response to Petition for Benefits (filed via facsimile) Medical Records filed (not available for viewing). |
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Feb. 04, 2003 |
Order issued. (Respondent`s motion for extension of time in which to respond to petition is granted, and Respondent shall have up to and including February 4, 2003, to file its response to the petition)
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Feb. 03, 2003 |
Respondent`s Amended Motion for Extension of Time (filed via facsimile).
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Jan. 31, 2003 |
Respondent`s Motion for Extension of Time filed.
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Jan. 24, 2003 |
Letter to Judge Kendrick from R. Gilbert enclosing confidential envelope with address of D. Dickey filed.
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Jan. 23, 2003 |
Amended Motion to Withdraw as Counsel of Record (filed by R. Gilbert via facsimile).
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Jan. 23, 2003 |
Letter to Judge Kendrick from R. Gilbert enclosing seal envelope with the address of Donnalyn Dickey (filed via facsimile).
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Jan. 10, 2003 |
Motion to Withdraw as Counsel of Record (filed by R. Gilbert via facsimile).
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Dec. 05, 2002 |
Order issued. (Respondent`s motion is granted, and Respondent shall have up to and including January 30, 2003, to file its response to the Petition)
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Dec. 02, 2002 |
Respondent`s Motion for Extension of Time (filed via facsimile).
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Oct. 30, 2002 |
Order issued. (Respondent`s motion is granted)
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Oct. 28, 2002 |
Respondent`s Motion for Extension of Time (filed via facsimile).
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Oct. 22, 2002 |
Order issued. (Respondent`s motion is granted)
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Oct. 15, 2002 |
Order Granting Intervention issued. (Intervenors Peter C. McIlveen, Jack H. Gerkovich, M.D., and Orlando Regional Healthcare System, Inc.)
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Oct. 08, 2002 |
Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed by K. Shipley.
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Oct. 03, 2002 |
Petition for Leave to Intervene filed by L. Townsend.
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Sep. 23, 2002 |
Letter to parties of record from Ann M. Luchini enclosing NICA claim for compensation with medical records sent out.
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Sep. 23, 2002 |
Notice that this case is now before the Division of Administrative Hearings sent out.
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Sep. 18, 2002 |
NICA Medical Records filed (not available for viewing). |
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Sep. 18, 2002 |
Notice of Appearance (filed by Petitioners).
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Sep. 18, 2002 |
Petition for Benefits Pursuant to Florida Statute Section 766.301, et. seq. filed.
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Orders for Case No: 02-003647N
| Issue Date |
Document |
Summary |
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Nov. 24, 2003 |
DOAH Final Order
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The Petition for Benefits was dismissed without prejudice for Petitioners` failure to comply with the discovery order.
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