Petitioner: SIMONE HOUVARDAS AND PAUL HOUVARDAS, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF GEORGE HOUVARDAS, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: WILLIAM J. KENDRICK
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Tampa, Florida
Filed: Oct. 25, 2006
Status: Closed
DOAH Final Order on Thursday, July 30, 2015.
Latest Update: Aug. 19, 2015
Summary: Whether George Houvardas (George), a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan). Whether Katharine Weinstock, M.D., the participating physician who provided obstetrical services at George's birth, gave the patient notice, as required by Section 766.316, Florida Statutes.Final Order approving stipulation pertaining to lump sum payment for bathroom and/or handicap modifications of dwelling.
STATE OF FLORIDASTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
SIMONE HOUVARDAS AND PAUL HOUVARDAS, individually and as parents and natural guardians of GEORGE HOUVARDAS, a minor,
Petitioners,
vs.
FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,
Respondent. / |
Case No. 06-4141N |
FINAL ORDER APPROVING STIPULATION
This cause came on for consideration upon the Stipulation Pertaining to Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling (Stipulation) filed with the Division of Administrative Hearings on July 28, 2015, by Petitioners, Paul E. Houvardas and Simone Pappas Houvardas, and Respondent, Florida Birth-Related Neurological Injury Compensation Association.
Petitioners and Respondent have come to an agreement regarding a claim filed by Petitioners for bathroom and/or handicap modifications. They have agreed as follows:
Respondent agrees to pay Petitioner(s)
$30,000.00 as a one-time only, lump sum payment for any and all bathroom and/or
handicap modifications forever required for any residence.
Petitioner(s) agree(s) and accept(s) this one time payment as a full and final payment towards bathroom and/or handicap modifications to his/her/their house to be built at 2103 SCARLET OAKS STREET,
CLEARWATER, FL 33759, and agrees that said payment precludes Petitioners’ entitlement to any future payment from NICA for bathroom and/or handicap modifications for this house or any other house purchased, built or rented or lived in by Petitioner(s) in the future.
Should Petitioner(s) elect to move or have any other modifications performed to his/her/their current home, or any other home purchased, built, rented or lived in by Petitioner(s), any future modifications will be solely at Petitioners’ expense.
After due consideration of the interests of the parties, and being otherwise fully advised in the premises, it is
ORDERED:
Petitioners’ and Respondent’s Stipulation is approved.
The parties shall abide by the terms of the Stipulation.
DONE AND ORDERED this 30th day of July, 2015, in Tallahassee, Leon County, Florida.
S
BARBARA J. STAROS
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675
Fax Filing (850) 921-6847 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 30th day of July, 2015.
COPIES FURNISHED:
(via certified mail)
Kenney Shipley, Executive Director Florida Birth Related Neurological
Injury Compensation Association
2360 Christopher Place, Suite 1 Tallahassee, Florida 32308 (eServed) |
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(Certified Mail No. 7014 2120 0003 | 1052 | 7111) |
Paul E. Houvardas Simone Pappas Houvardas 2103 Scarlet Oaks Street Clearwater, Florida 33759 (Certified Mail No. 7014 2120 0003 |
1052 |
7128) |
Amie Rice, Investigation Manager Consumer Services Unit Department of Health 4052 Bald Cypress Way, Bin C-75 Tallahassee, Florida 32399-3275 (Certified Mail No. 7014 2120 0003 |
1052 |
7135) |
Elizabeth Dudek, Secretary Health Quality Assurance
Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3
Tallahassee, Florida 32308
(Certified Mail No. 7014 2120 0003 1052 7142)
NOTICE OF RIGHT TO JUDICIAL REVIEW
Review of a final order of an administrative law judge shall be by appeal to the District Court of Appeal pursuant to section 766.311(1), Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original notice of administrative appeal with the agency clerk of the Division of Administrative Hearings within 30 days of rendition of the order to be reviewed, and a copy, accompanied by filing fees prescribed by law, with the clerk of the appropriate District Court of Appeal. See
§ 766.311(1), Fla. Stat., and Fla. Birth-Related Neurological Injury Comp. Ass'n v. Carreras, 598 So. 2d 299 (Fla. 1st DCA 1992).
Docket for Case No: 06-004141N
| Issue Date |
Proceedings |
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Aug. 19, 2015 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Aug. 06, 2015 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Aug. 05, 2015 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Aug. 04, 2015 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Jul. 30, 2015 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Jul. 30, 2015 |
Final Order Approving Stipulation. CASE CLOSED.
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Jul. 28, 2015 |
Stipulation Pertaining to Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling filed.
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Nov. 12, 2008 |
Order Closing File. CASE CLOSED.
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Nov. 10, 2008 |
Stipulation and Joint Petition for Dismissal of Claim Regarding the Amount Owing for Past Expenses not Included in the Final Order of May 28, 2008 filed.
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Oct. 31, 2008 |
CASE STATUS: Motion Hearing Held. |
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Oct. 30, 2008 |
Letter to Judge Kendrick from R. Grace, Jr. confirming telephone conference on Stipulation of Dismissal filed.
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Oct. 29, 2008 |
Stipulation of Dismissal filed.
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Sep. 26, 2008 |
Order of Pre-hearing Instructions.
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Sep. 26, 2008 |
Notice of Hearing by Video Teleconference (hearing set for November 12, 2008; 9:00 a.m.; Tampa and Tallahassee, FL).
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Jul. 25, 2008 |
Order (Stipulation for Extension of Time to Comply with Court`s Orders is granted, parties shall have up to and including September 19, 2008, in which to respond to the Order entered July 11, 2008).
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Jul. 24, 2008 |
Stipulation for Extension of Time to Comply with Court`s Orders filed.
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Jul. 23, 2008 |
Stipulation for Extension of Time to Comply with Court`s Orders filed.
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Jul. 11, 2008 |
Order (parties shall advise the undersigned in writing on or before July 25, 2008, as to the status of any past expenses that remain in dispute).
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Jun. 09, 2008 |
BY ORDER OF THE COURT: Appeal dismissed.
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Jun. 04, 2008 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Jun. 03, 2008 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Jun. 02, 2008 |
Certified Return Receipt received this date from the U.S. Postal Service.
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May 30, 2008 |
Certified Return Receipt received this date from the U.S. Postal Service.
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May 28, 2008 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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May 28, 2008 |
Final Order Approving Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes. CASE CLOSED.
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May 19, 2008 |
BY ORDER OF THE COURT: Intevenor`s motion for relinquishment of jurisdiction is granted for 30 days.
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May 12, 2008 |
Intervenors` Notice of Filing filed.
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May 01, 2008 |
Intervenors` Notice of Filing (Motion) filed.
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May 01, 2008 |
Motion for Relinquishment of Jurisdiction filed.
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Apr. 30, 2008 |
BY ORDER OF THE COURT: Apellee and NICA are directed to respond within 10 days from the date of this order to the motion for relinquishment of jurisdiction filed by Intervenor filed.
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Apr. 24, 2008 |
Letter to parties of record from Judge Kendrick regarding progress on the request to Relinquish Jurisdiction and issues regarding past expenses.
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Apr. 16, 2008 |
Letter to R. Grace, Jr. from Judge Kendrick acknowledging receipt of the parties` Stipulation and Joint Petition for Compensation.
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Apr. 16, 2008 |
Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
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Apr. 16, 2008 |
Notice of Filing; Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
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Mar. 31, 2008 |
Order (Joint Unopposed Motion for Extension of Time to Comply With Court`s Final Order on Compensability and Notice is granted, parties shall have up to and including April 15, 2008, to comply with the Order on Compensability and Notice).
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Mar. 28, 2008 |
Joint Unopposed Motion for Extension of Time to Comply With Court`s Final Order on Compensability and Notice filed.
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Mar. 19, 2008 |
BY ORDER OF THE COURT: Appellant`s motion for extension of time is granted.
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Mar. 17, 2008 |
Order (Joint Unopposed Motion for Extension of Time to Comply with Court`s Final Order on Compensability and Notice is granted, parties` shall have up to and including April 2, 2008 to comply).
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Mar. 12, 2008 |
Joint Unopposed Motion for Extension of Time to Comply with Court`s Final Order on Compensability and Notice filed.
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Feb. 12, 2008 |
Order (Joint Unopposed Motion for Extension of Time to Comply With Court`s Final Order on Compensability and Notice is granted, parties shall have up to and including March 13, 2008, to comply with the Order on Compensability and Notice).
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Feb. 11, 2008 |
Joint Unopposed Motion for Extension of Time to Comply With Court`s Final Order on Compensability and Notice filed.
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Feb. 07, 2008 |
Invoice for the record on appeal mailed.
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Feb. 07, 2008 |
Index (of the Record) sent to the parties of record.
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Feb. 01, 2008 |
Order (Joint Unopposed Motion for Extension of Time to Comply with Court`s Final Order on Compensability and Notice is granted, parties shall have up to and including February 11, 2008, to comply with the Order).
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Jan. 31, 2008 |
Joint Unopposed Motion for Extension of Time to Comply with Court`s Final Order on Compensability and Notice filed.
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Jan. 11, 2008 |
Order (Joint Unopposed Motion for Extension of Time to Comply with Court`s Final Order on Compensability and Notice is granted, parties shall up and including January 31, 2008, to comply with the Order on Compensability and Notice).
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Jan. 10, 2008 |
Joint Unopposed Motion for Extension of Time to Comply with Court`s Final Order on Compensability and Notice filed.
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Dec. 24, 2007 |
Acknowledgment of New Case, DCA Case No. 2D07-5949 filed.
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Dec. 20, 2007 |
Notice of Appeal filed and Certified copy sent to the Second District Court of Appeal this date.
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Dec. 10, 2007 |
Notice of Unavailability filed.
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Dec. 05, 2007 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Dec. 03, 2007 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Nov. 30, 2007 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Nov. 29, 2007 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Nov. 28, 2007 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Nov. 26, 2007 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Nov. 26, 2007 |
Final Order on Compensability and Notice (hearing held October 11, 2007). DOAH JURISDICTION RETAINED.
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Nov. 13, 2007 |
Intervenors` Response to Petitioners` Supplemental Memorandum of Law in Opposition to Statutory Notice of Compliance filed.
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Nov. 08, 2007 |
Intervenors` Response to Petitioners` Supplemental Memorandum of Law in Oppositon to Statutory Notice Compliance filed.
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Nov. 06, 2007 |
Petitioners` Supplemental Memorandum of Law in Opposition to Statutory Notice Compliance filed.
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Nov. 06, 2007 |
(Petitioner`s Proposed) Final Administrative Order filed.
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Nov. 06, 2007 |
(Proposed) Final Order filed by Respondent).
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Nov. 06, 2007 |
Notice of Filing Proposed Filing Order filed.
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Nov. 02, 2007 |
Letter to Judge Kendrick from W. Florin regarding Petitioner`s formal withdrawal of any legal objections to the deposition testimony of Melissa Rudolph filed.
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Nov. 01, 2007 |
Intervenors` Second Supplemetal Memorandum of Law in Support of Adequate Notice filed.
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Nov. 01, 2007 |
(Proposed) Order of Administrative Law Judge filed.
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Oct. 31, 2007 |
Order (Petitioners` Unopposed Motion for Extension of Time to Serve Objectons to Melissa Rudolph`s Deposition Testimony is granted).
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Oct. 30, 2007 |
Petitioners` Unopposed Motion for Extension of Time to Serve Objectons to Melissa Rudolph`s Deposition Testimony filed.
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Oct. 30, 2007 |
Letter to Judge Kendrick from W. Florin regarding extension filed.
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Oct. 29, 2007 |
Order Granting Extension of Time (proposed final orders to be filed by November 6, 2007).
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Oct. 26, 2007 |
Motion for Extension of Time filed.
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Oct. 22, 2007 |
Letter to parties of record from Judge Kendrick regarding receipt of your letter of October 18, 2007.
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Oct. 19, 2007 |
Petitioner`s Final Hearing Memorandum of Law filed.
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Oct. 17, 2007 |
Transcript filed. |
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Oct. 17, 2007 |
Transcript (condensed) filed. |
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Oct. 15, 2007 |
Intervenors' Notice of Filing Exhibits filed.
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Oct. 15, 2007 |
Petitioners` Supplemental Exhibit to Petitioners` Amended Pre-Hearing Stipulation filed.
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Oct. 11, 2007 |
Petitioners' Final Hearing Memorandum of Law filed.
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Oct. 11, 2007 |
CASE STATUS: Hearing Held. |
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Oct. 05, 2007 |
Petitioners` Notice of Taking Deposition filed.
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Oct. 05, 2007 |
Petitioners` Amended Pre-hearing Stipulation filed.
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Oct. 04, 2007 |
(Joint) Amended Pre-hearing Stipulation filed.
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Sep. 07, 2007 |
Intervenors` Supplemental Memorandum of Law in Support of Adequate Notice filed.
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Aug. 13, 2007 |
Petitioners` Notice of Taking Video Deposition (of A. Kantaras) filed.
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Aug. 13, 2007 |
Petitioners` Notice of Taking Video Deposition (of C. Ageladelis) filed.
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Jul. 30, 2007 |
Notice of Substitution of Counsel (filed by W. Brewton).
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Jul. 25, 2007 |
Order of Pre-hearing Instructions.
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Jul. 25, 2007 |
Notice of Hearing (hearing set for October 11, 2007; 8:30 a.m.; St. Petersburg, FL).
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Jul. 24, 2007 |
Letter to Judge Kendrick from R. Grace advising of available dates filed.
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Jul. 18, 2007 |
Order (parties shall advise the undersigned within 10 days of the date of this Order as to their choice of venue, number of days required for hearing, and choice of hearing dates).
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Jul. 18, 2007 |
CASE STATUS: Pre-Hearing Conference Held. |
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Jul. 17, 2007 |
Letter to Judge Kendrick from R. Grace, Jr. regarding confirmation of telephone conference filed.
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Jul. 16, 2007 |
Petitioner`s Response and Memorandum of Law in Opposition to Intervenors` Motion to Strike Affidavits of Simone Houvardas, Areti Kantaras, and Christine Ageladelis filed.
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Jul. 11, 2007 |
Intervenor`s Motion to Strike Affidavits of Simone Houvardas, Areti Kantaras and Christine Ageladelis and Memorandum of Law in Support Thereof filed.
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Jul. 10, 2007 |
Letter to parties of record from Judge Kendrick regarding a telephone conference.
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Jul. 05, 2007 |
Petitioners' Memorandum of Law in Opposition to Statutory Notice Compliance filed.
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Jul. 05, 2007 |
Petitioners` Amended Memorandum of Law in Opposition to Statutory Notice of Compliance filed.
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Jul. 05, 2007 |
Pre-hearing Stipulation filed.
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Jul. 05, 2007 |
Petitioners` Notice of Filing Affidavits of Simone Houvardas Areti Kantaras, and Christine Ageladelis filed.
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Jul. 05, 2007 |
Petitioners` Memorandum of Law in Opposition to Statutory Notice Compliance filed.
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Jul. 03, 2007 |
Respondent`s Memorandum of Law filed.
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Jul. 03, 2007 |
Notice of Filing, Report of Donald C. Willis, M.D. dated April 13, 2007 filed.
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May 29, 2007 |
Intervenor Exhibits filed.
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May 29, 2007 |
Video Deposition of K. Weinstock, M.D. (in the circuit court of the sixth judicial circuit) filed.
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May 29, 2007 |
Deposition of (M. Rudolph) filed.
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May 29, 2007 |
Deposition of (S. Houvardas) filed.
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May 29, 2007 |
Notice of Filing of Original Depositions with Exhibits of Katharine Weinstock, M.D., Simone Houvardas and Melissa Rudolph.
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May 29, 2007 |
Notice of Filing Affidavit of Katherine Weinstock, M.D. filed.
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May 29, 2007 |
Intervenors` Memorandum of Law in Support of Adequate Notice filed.
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May 29, 2007 |
Order Granting Extension of Time (Agreed Record on Compensability and Notice, Stipulation of Facts, and Proposed Orders or Memoranda of Law to be filed by July 5, 2007).
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May 29, 2007 |
Petitioners` Unopposed Motion for Extension of Time to Serve Agreed Record on Compensability and Notice, Stipulation of Facts, and Proposed Orders or Memoranda of Law filed.
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Apr. 30, 2007 |
Order (parties shall file their agreed record on compensability and notice, together with their stipulation of facts and any proposed orders or memoranda of law on or before June 4, 2007).
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Apr. 27, 2007 |
CASE STATUS: Hearing Held. |
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Apr. 25, 2007 |
Letter to Judge Kendrick from R. Grace confirming telephone status conference filed.
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Apr. 23, 2007 |
Notice of Filing, Report of Donald C. Willis, M.D. dated April 13, 2007 filed (not available for viewing). |
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Apr. 23, 2007 |
Response to Petition for Benefits filed.
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Mar. 30, 2007 |
Petitioners` Supplemental Notice of Filing Pursuant to Section 766.305(3), Florida Statutes filed.
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Mar. 30, 2007 |
Order Granting Extension of Time (response to the petition to be filed by April 20, 2007).
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Mar. 30, 2007 |
Motion for Extension of Time in Which to Respond to Petition filed.
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Mar. 26, 2007 |
Notice of Unavailibilty filed.
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Mar. 07, 2007 |
Petitioners` Supplemental Notice of Filing Pursuant to Section 766.305(3), Florida Statutes filed.
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Feb. 19, 2007 |
Order Granting Extension of Time (response to the petition to be filed by April 3, 2007).
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Feb. 16, 2007 |
Respondent`s Request for Extension of Time to the Petition filed.
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Feb. 01, 2007 |
Notice of Taking Deposition (M. Rudolph) filed.
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Jan. 31, 2007 |
Order (response to the petition to be filed on or before February 28, 2007).
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Jan. 29, 2007 |
Notice of Appearance (filed by R. Grace, Jr.).
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Jan. 24, 2007 |
Notice of Taking Deposition filed.
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Jan. 12, 2007 |
Receipt for Records filed.
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Jan. 12, 2007 |
Order (Repondent`s Motion to Compel and Motion to Abate are denied).
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Jan. 11, 2007 |
Petitioners` Notice of Filing Pursuant to Section 766.305(3), Florida Statutes filed.
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Jan. 11, 2007 |
Petitioners` Response to Respondent`s Motion to Compel and Motion to Abate filed.
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Jan. 11, 2007 |
Petitioners` Response to Intervenors Objection to Petitioners` Motion to Bifurcate the Issue of Notice filed.
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Jan. 08, 2007 |
Intervenors` Objection to Petitioners` Motion to Bifurcate the Issue of Notice filed.
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Dec. 15, 2006 |
Notice of Cancellation and Rescheduling Hearing filed.
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Dec. 14, 2006 |
Notice of Telephonic Hearing filed.
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Nov. 22, 2006 |
Respondent`s Motion to Compel and Motion to Abate filed.
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Nov. 22, 2006 |
Notice of Appearance (filed by W. Brewton).
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Nov. 17, 2006 |
Order (Katharine Weinstock, M.D. and Rosewater Lerner, Rudolph and Associates, M.D., P.A. d/b/a Tampa Bay Women`s Healthcare Alliance, LLP a/k/a Tampa Bay Women`s Care granted Intervenor status).
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Nov. 14, 2006 |
Letter to parties of record from Judge Kendrick enclosing a copy of Petition to Intervene and reminding counsel to copy all parties with any document filed with the Division of Administrative Hearings.
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Nov. 06, 2006 |
Notice of Appearance (filed by D. Zuckerman).
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Nov. 06, 2006 |
Katharine Weinstock, M.D. and Rosewater Lerner, Rudolph and Associates, M.D., P.A. d/b/a Tampa Bay Women`s Healthcare Alliance, LLP a/k/a Tampa Bay Women`s Care`s Petition to Intervene filed.
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Oct. 30, 2006 |
Certified Return Receipts received this date from the U.S. Postal Service.
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Oct. 25, 2006 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Oct. 25, 2006 |
Letter to Kenney Shipley from Ann Cole enclosing NICA claim for compensation.
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Oct. 25, 2006 |
NICA filing (Check No. 277; $15.00) filed (not available for viewing). |
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Oct. 25, 2006 |
Petition Seeking Administrative Determination that the Claims Against Defendants are not Barred by the Defendants` NICA Affirmative Defense and for Alternative Relief, If Necessary filed.
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Oct. 25, 2006 |
Notice sent out that this case is now before the Division of Administrative Hearings.
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Orders for Case No: 06-004141N
| Issue Date |
Document |
Summary |
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Jul. 30, 2015 |
DOAH Final Order
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Final Order approving stipulation pertaining to lump sum payment for bathroom and/or handicap modifications of dwelling.
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May 28, 2008 |
DOAH Final Order
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Final Order Approving the parties` Stipulation and Joint Petition for Compensation of Claim.
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Nov. 26, 2007 |
DOAH Final Order
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Final Order on Compensability and Notice that resolved the claim was compensable and that the participating physician did not give notice as required by the plan. Award to be resolved later.
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