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ESTRELLA ESTRADA AND CARLOS ESTRADA, HER HUSBAND vs MERCY HOSPITAL, INC.; SOUTH FLORIDA MEDICAL IMAGING, P.A.; AND AMISHA AGARWAL, M.D., 11-006138MA (2011)

Court: Division of Administrative Hearings, Florida Number: 11-006138MA Visitors: 30
Petitioner: ESTRELLA ESTRADA AND CARLOS ESTRADA, HER HUSBAND
Respondent: MERCY HOSPITAL, INC.; SOUTH FLORIDA MEDICAL IMAGING, P.A.; AND AMISHA AGARWAL, M.D.
Judges: W. DAVID WATKINS
Agency: Medical Arbitration
Locations: Coral Gables, Florida
Filed: Dec. 01, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 21, 2013.

Latest Update: May 21, 2013
11006138 MANDATE



M A N D A T E

from

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA THIRD DISTRICT

This cause having been brought to the Court by appeal, and after due consideration the Court having issued its opinion;

YOU ARE HEREBY COMMANDED that such further proceedings be had in said cause as may be in accordance with the opinion of this Court, and with the rules of procedure and laws of the State of Florida.

WITNESS the Honorable Linda Ann Wells, Chief Judge of the District Cctyrt of

Appeal of the State of Florida, Third District, and seal of the said Court at Mia Florida on this day. 3 ,,..,

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DATE:

April 26, 2013

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STYLE: ESTRELLA ESTRADA

AND CARLOS ESTRADA,


v. MERCY HOSPITAL, et al.,

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ORIGINAL TO: Ann Cole


cc: Joel Stephen Perwin Neal A. Roth Mark A. Leibowitz Blake H. Fiery


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Docket for Case No: 11-006138MA
Issue Date Proceedings
May 21, 2013 Order Closing File. CASE CLOSED.
May 20, 2013 Notice of Settlement filed.
May 13, 2013 Defendant Mercy Hospital, Inc.'s Motion for Extension of Time to Respond to Order Re-Opening File and Requiring Status Report filed.
May 03, 2013 Order Re-opening File and Requiring Status Report. CASE REOPENED.
May 02, 2013 Mandate filed.
May 02, 2013 Opinion filed.
Sep. 26, 2012 Index, Record, and Certificate of Record sent to the Third District Court of Appeal.
Aug. 07, 2012 Supplemental Index (of the Record) sent to the parties of record.
Aug. 06, 2012 Transcript (I-VI (not available for viewing) filed.
Aug. 06, 2012 Notice of Filing (Transcript of the Arbitration Proceedings, Volumes I-VI) filed.
Jul. 10, 2012 Invoice for the record on appeal mailed.
Jul. 10, 2012 Index (of the Record) sent to the parties of record.
Jun. 12, 2012 Notice of Appeal filed and Certified copy sent to the Third District Court of Appeal this date.
Jun. 11, 2012 Notice of Appeal filed.
Jun. 08, 2012 Order Denying Claimants` Motion to Vacate Arbitration Award.
Jun. 08, 2012 Defendant Mercy Hospital, Inc.'s Response in Opposition to Claimants' Motion to Vacate Arbitration Award filed.
Jun. 01, 2012 Claimants' Motion to Vacate Arbitration Award Relating to Future Loss of Wage Earning Capacity and have the Arbitration Panel Reconsider the Award filed.
May 21, 2012 Amended Arbitration Award.
May 16, 2012 Dissenting Opinion filed.
May 14, 2012 Arbitration Award.
May 08, 2012 CASE STATUS: Hearing Held.
May 04, 2012 Order on Pending Motions.
May 04, 2012 Claimants' Amended Motion for Reconsideration on Order Excluding Dr. Robert Derhagopian's Expert Opinions filed.
May 04, 2012 Claimants' Motion for Reconsideration of Order Striking Dr. Robert Derhagopian filed.
May 03, 2012 Letter to W. Haggard and J. McCoy enclosing Order Excluding Presentation of Evidence Regarding Causation and Comparative Negligence filed.
May 03, 2012 Order Excluding Presentation of Evidence Regarding Causation and Comparative Negligence.
May 02, 2012 CASE STATUS: Motion Hearing Held.
May 02, 2012 South Florida Medical Imaging, P.A.'s and Amisha Agarwal, M.D.'s Notice of Filing Deposition Transcripts filed.
May 02, 2012 South Florida Medical Imaging, P.A.'s and Amisha Agarwal, M.D.'s Notice of Filing Deposition Transcripts filed.
May 02, 2012 South Florida Medical Imaging, P.A.'s and Amisha Agarwal, M.D.'s Notice of Adoption of Defendant Mercy Hospital, Inc.'s Notice of Filing Deposition Transcripts filed.
May 02, 2012 South Florida Medical Imaging, P.A.'s and Amisha Agarwal, M.D.'s Notice of Joinder in Mercy Hospital, Inc.'s Motion in Limine to Preclude Dr. Derhagopian from Offering Expert Testimony filed.
May 02, 2012 South Florida Medical Imaging, P.A.'s and Amisha Agarwal, M.D.'s Notice of Joinder in Defendant Mercy Hospital, Inc.'s Response to Claimants' Motion in Limine Regarding Adjuvant! Online filed.
May 02, 2012 Defendant Mercy Hospital, Inc.'s Response to Claimants' Motion in Limine Regarding Adjuvant! Online filed.
May 02, 2012 Deposition of Robert Stone, CPA, ABV, CFF filed.
May 02, 2012 Deposition of Dr. Derhagopian filed.
May 02, 2012 Deposition of Elisa Krill-Jackson, M.D. filed.
May 02, 2012 Claimants' Response in Opposition to Defendant Mercy Hospital, Inc's Motion in Limine to Preclude Dr. Derhagopian from Offering Expert Testimony filed.
May 02, 2012 Deposition of Carlos Estrada filed.
May 02, 2012 Deposition of Estrella Estrada filed.
May 02, 2012 Defendant Mercy Hospital, Inc.'s Notice of Filing Deposition Transcripts filed.
May 01, 2012 Defendant Mercy Hospital, Inc.'s Motion in Limine to Preclude Dr. Derhagopian from Offering Expert Testimony filed.
May 01, 2012 Mercy Hospital, Inc.'s Response to Claimants' Motion Regarding Causation Evidence/Motion in Limine to Allow Presentation of Expert Testimony filed.
May 01, 2012 Order Denying Motion to Strike.
May 01, 2012 South Florida Medical Imaging, P.A.'s and Amisha Agarwal, M.D.'s Response to Claimants' Motion in Limine Regarding Causation Evidence and Claimants' Motion in Limine Regarding Alleged Comparative Negligence of Mrs. Estrada filed.
Apr. 30, 2012 Claimants' Motion Requesting Telephonic or in Person Hearing filed.
Apr. 27, 2012 Claimants' Motion to Strike Defense Expert Dr. Robert R. Carroll filed.
Apr. 27, 2012 Claimants' Motion in Limine with Respect to Adjuvant! Online filed.
Apr. 27, 2012 Defendant Mercy Hospital, Inc.'s Motion for Telephonic Hearing filed.
Apr. 27, 2012 Claimants' Response to Defendants', Amisha Agarwal, M.D. and South Florida Medical Imaging, P.A. Motion to Strike or Alternative Motion to Continue filed.
Apr. 27, 2012 Claimants' Motion in Limine Regarding Alleged Comparative Negligence of Mrs. Estrada filed.
Apr. 27, 2012 Claimants' Motion in Limine Regarding Causation Evidence or in the Alternative Motion to Strike Defense Experts filed.
Apr. 27, 2012 Videotaped Deposition (of Drs. Connolly, Blaustein, and Carroll) filed.
Apr. 27, 2012 Claimants' Notice of Filing Deposition Transcripts (of Drs. Blaustein, Carroll and Connolly) filed.
Apr. 26, 2012 Defendant Mercy Hospital, Inc.'s Motion to Strike Claimants' Newly Disclosed Expert Witness or in the Alternative, Renewed Motion for Continuance filed.
Apr. 26, 2012 Defendant Mercy Hospital, Inc.'s Notice of Withdrawal of Expert, Virginia Herrmann, M.D. filed.
Apr. 26, 2012 Defendant Mercy Hospital, Inc.'s Notice of Compliance with Claimants' and Co-Defendants' Request for Copies filed.
Apr. 26, 2012 Subpoena Duces Tecum without a Deposition Pursuant to F.R.C.P. 1.351 filed.
Apr. 26, 2012 Amended Notice of Arbitration Hearing (hearing set for May 8 through 10, 2012; 9:30 a.m.; Coral Gables, FL; amended as to Room).
Apr. 26, 2012 Re-notice of Taking Deposition Duces Tecum (of Robert Derhagopian) filed.
Apr. 26, 2012 South Florida Medical Imaging, P.A.'s and Amisha Argawal, M.D.'s Motion to Strike Claimants' Expert Witness, or in the Alternative, Renewed Motion for Continuance of May 8, 2012 Arbitration Hearing and Supporting Memorandum of Law filed.
Apr. 25, 2012 Amended Notice of Arbitration Hearing (hearing set for May 8 through 10, 2012; 9:30 a.m.; Coral Gables, FL; amended as to location).
Apr. 25, 2012 Defendant Mercy Hospital, Inc.'s Notice of Compliance with Claimants' and Co-Defendants' Requests for Copies filed.
Apr. 25, 2012 Claimants' Second Amended Witness Disclosure filed.
Apr. 24, 2012 Amended Notice of Being Called for Federal Jury Service filed.
Apr. 23, 2012 Claimants' Motion to Strike Defendants' Expert, Dr. Virginia Herrmann filed.
Apr. 23, 2012 Letter to parties of record from Judge Watkins.
Apr. 23, 2012 Defendant Mercy Hospital, Inc.'s Response to Claimants' Motion for Clarification of Order on Motion to Determine Scope of Recoverable Damages filed.
Apr. 23, 2012 Defendant Mercy Hospital, Inc.'s Reply to Claimants' Response in Opposition to Defendant Mercy Hospital, Inc.'s Amended Renewed Motion for Continuance filed.
Apr. 23, 2012 Cross Notice of Taking Videotaped Deposition (James Connolly) filed.
Apr. 23, 2012 Defendant's Amended Witness and (Proposed) Exhibit Disclosure filed.
Apr. 23, 2012 South Florida Medical Imaging, P.A.'s and Amisha Argawal, M.D.'s Joinder in Mercy Hospital, Inc.'s Motion to Strike Witness Identified by Claimants and Incorporated Memorandum of Law filed.
Apr. 20, 2012 Defendants South Florida Medical Imaging, P.A. and Amisha Agarwal, M.D.'s Pre-hearing Stipulation filed.
Apr. 20, 2012 Defendant Mercy Hospital, Inc.'s Motion to Strike Witness Identified by Claimants filed.
Apr. 20, 2012 Defendant Mercy Hospital, Inc.'s Pre-hearing Stipulation filed.
Apr. 20, 2012 CASE STATUS: Motion Hearing Held.
Apr. 20, 2012 Order Denying Claimants` Motion for Clarification of Order on Motion to Determine Scope of Recoverable Damage.
Apr. 20, 2012 Order Denying Amended Renewed Motion for Continuance of Arbitration Hearing.
Apr. 20, 2012 Claimants' Pre-hearing Stipulation filed.
Apr. 20, 2012 Re-notice of Taking Deposition Duces Tecum (of R. Derhagopian) filed.
Apr. 20, 2012 South Florida Medical Imaging, P.A.'s and Amisha Agarwal, M.D.'s Amended Joinder in Mercy Hospital, Inc.'s Amended Renewed Motion for Continuance filed.
Apr. 20, 2012 South Florida Medical Imaging, P.A.'s and Amisha Agarwal, M.D.'s, Notice of Joinder in Mercy Hospital, Inc's Amended Renewed Motion for Continuance filed.
Apr. 20, 2012 Defendant Mercy Hospital, Inc's Amended Renewed Motion for Continuance of Arbitration Hearing filed.
Apr. 20, 2012 Re-Notice of Taking Deposition Duces Tecum (Jay Flynn) filed.
Apr. 20, 2012 Defendant Mercy Hospital, Inc.'s Motion for Telephonic Hearing filed.
Apr. 19, 2012 Claimants' Amended Witness Disclosure filed.
Apr. 19, 2012 Re-notice of Taking Telephonic Deposition Duces Tecum (of J. Connolly) filed.
Apr. 19, 2012 Cross Notice of Taking Videotaped Deposition (of James Connolly) filed.
Apr. 18, 2012 Defendant's Amended Witness and Exhibit List filed.
Apr. 18, 2012 Claimants' Motion for Telephonic Hearing filed.
Apr. 18, 2012 Claimants? Memorandum of Law in Opposition to Defendants?, Amisha Agarwal, M.D. and South Florida Medical Imaging, P.A. Motion in Limine Summary of Argument filed.
Apr. 18, 2012 Notice of Taking Deposition (of David Williams) filed.
Apr. 18, 2012 Defendant Mercy Hospital, Inc.'s Reply to Claimants' Response in Opposition to Defendant Mercy Hospital, Inc.'s Amended Renewed Motion for Continuance filed.
Apr. 18, 2012 Notice of Taking Telephonic Deposition Duces Tecum (of J. Connolly) filed.
Apr. 18, 2012 Defendant, Mercy Hospital, Inc.'s Response to Claimants' Motion for Clarification of Order on Motion to Determine Scope of Recoverable Damages filed.
Apr. 17, 2012 South Florida Medical Imaging, P.A. and Amisha Agarwal, M.D.'s Amended Joinder in Mercy Hospital, Inc.'s Amended Renewed Motion for Continuance filed.
Apr. 17, 2012 Defendant Mercy Hospital, Inc.'s Motion for Telephonic Hearing filed.
Apr. 17, 2012 Claimants' Response in Opposition to Defendant Mercy Hospital, Inc.'s Amended Renewed Motion for Continuance filed.
Apr. 17, 2012 Order Requiring Expedited Responses to Mercy Hospital, Inc.`s Amended Renewed Motion for Continuance of Arbitration Hearing.
Apr. 17, 2012 Claimants' Motion for Clarification of Order on Motion to Determine Scope of Recoverable Damages filed.
Apr. 17, 2012 South Florida Medical Imaging, P.A. and Amisha Agarwal, M.D.'s Notice of Joinder in Mercy Hospital, Inc.'s Amended Renewed Motion for Continuance filed.
Apr. 17, 2012 Defendant Mercy Hospital, Inc.'s Amended Renewed Motion for Continuance of Arbitration Hearing filed.
Apr. 17, 2012 Order Granting Claimants` Motion to Compel Defendants to Provide Expert Deposition Dates.
Apr. 17, 2012 Order Denying Motion to Determine Scope of Recoverable Damages.
Apr. 17, 2012 Order Denying Continuance of Final Hearing.
Apr. 16, 2012 Re-notice of Taking Deposition Duces Tecum (of Jay Flynn) filed.
Apr. 16, 2012 Certificate of Chief Arbitrator.
Apr. 16, 2012 South Florida Medical Imaging, P.A.'s and Amisha Agarwal, M.D.'s Notice of Joinder in Mercy Hospital, Inc.'s Renewed Motion for Continuance filed.
Apr. 13, 2012 Claimants' Response to Defendant's Second Request for Production filed.
Apr. 13, 2012 Claimants' Response to Defendants' Request for Production filed.
Apr. 12, 2012 Claimants' Amended Motion in Opposition to Defendant Mercy Hospital, Inc.'s Renewed Motion for Continuance filed.
Apr. 12, 2012 Defendant's Amended Witness and (Proposed) Exhibit List filed.
Apr. 12, 2012 Claimants' Motion for Leave to File Reply to Defs Responses to Claimants' Motion to Determine the Scope of Recoverable Damages filed.
Apr. 12, 2012 Claimants' Responses to Motion in Opposition to Defendant Mercy Hospital, Inc.'s Renewed Motion for Continuance filed.
Apr. 12, 2012 Notice of Taking Deposition Duces Tecum (Elisa Krll-Jackson) filed.
Apr. 12, 2012 Notice of Being Called for Federal Jury Service filed.
Apr. 11, 2012 Re-notice of Taking Deposition (of Robert Carroll) filed.
Apr. 11, 2012 Defendant Mercy Hospital, Inc.'s Renewed Motion for Continuance of Arbitration Hearing filed.
Apr. 11, 2012 South Florida Medical Imaging, P.A.'s and Amisha Agarwal, M.D.'s Motion in Limine Regarding Recoverable Damages & Response to Claimants' Motion to Determine Scope of Recoverable Damages filed.
Apr. 11, 2012 South Florida Medical Imaging, P.A.'s and Amisha Agarwal, M.D.'s Notice of Filing Answers to Claimants' Expert Witness Interrogatories filed.
Apr. 11, 2012 Defendant Mercy's Response to Claimants' Motion to Compel Deposition Dates for Experts filed.
Apr. 11, 2012 Mercy Hospital, Inc.'s Response to Claimants' Motion to Determine Scope of Recoverable Damages/Mercy Hospital's Motion in Limine Regarding Scope of Recoverable Damages filed.
Apr. 11, 2012 Notice of Taking Deposition Duces Tecum (of Robert Carroll) filed.
Apr. 10, 2012 Defendant Mercy Hospital, Inc.'s Notice of Compliance with Claimants' Request for Copies filed.
Apr. 09, 2012 Notice of Transfer and Order Appointing Chief Arbitrator.
Apr. 06, 2012 Agarwal's Witness and (Proposed) Exhibit List filed.
Apr. 06, 2012 Notice of Appearance (Rolando Diaz) filed.
Apr. 05, 2012 Claimants' Motion to Compel Defendants to Provide Expert Deposition Dates filed.
Apr. 05, 2012 Re-notice of Taking Deposition (of Arnold Blaustein) filed.
Apr. 05, 2012 Notice of Production from Non-party filed.
Apr. 05, 2012 Cross-notice of Taking Deposition (of Arnold Blaustein) filed.
Apr. 04, 2012 Motion to Determine Scope of Recoverable Damages filed.
Apr. 04, 2012 Notice of Taking Videotape Deposition (of Arnold Blaustein) filed.
Apr. 04, 2012 Claimants' Request for Copies filed.
Apr. 04, 2012 Defendant Mercy Hospital Inc.'s Notice of Adoption of Co-Defendant's Witness and (Proposed) Exhibit List filed.
Apr. 03, 2012 South Florida Medical Imaging, P.A.'s and Amisha Agarwal, M.D.'s Request for Production filed.
Apr. 02, 2012 Notice of Unavailability of Defendants' Alternate Arbitrator filed.
Apr. 02, 2012 Notice of Production from Non-party filed.
Mar. 30, 2012 Notice of Taking Deposition Duces Tecum (Robert Derhagopian, M.D., with Subpoena attached) filed.
Mar. 30, 2012 Notice of Taking Deposition Duces Tecum (of Jay Flynn) filed.
Mar. 29, 2012 Re-notice of Taking Deposition Duces Tecum (of Stefan Gluck) filed.
Mar. 29, 2012 Notice of Taking Deposition Duces Tecum (of AVMED Health Plans) filed.
Mar. 28, 2012 Claimants' Witness Disclosure filed.
Mar. 28, 2012 Claimants' (Proposed) Exhibit Disclosure filed.
Mar. 27, 2012 Defendant's Witness and (Proposed) Exhibit List filed.
Mar. 27, 2012 Notice of Taking Deposition Duces Tecum (of Robert Derhagopian) filed.
Mar. 27, 2012 Re-notice of Taking Deposition Duces Tecum (of Stefan Gluck) filed.
Mar. 27, 2012 Defendant Mercy Hospital, Inc.'s Notice of Service of Discovery Responses filed.
Mar. 22, 2012 Defendant Mercy Hospital, Inc.'s Notice of Service of Discovery Responses filed.
Mar. 19, 2012 Subpoena for Deposition Duces Tecum (Stefan Gluck) filed.
Mar. 16, 2012 Defendant Mercy Hospital, Inc.'s Notice of Service of Discovery Requests filed.
Mar. 16, 2012 Order on Defendants South Florida Medical Imaging, P.A. and Amisha Agarwal, M.D.'s Motion for Continuance.
Mar. 15, 2012 Defendant Mercy Hospital, Inc.'s Response to Claimants' Motion to Compel Better Answers to Expert Interrogatories filed.
Mar. 15, 2012 Certificate of Non-objection filed.
Mar. 15, 2012 Notice of Taking Deposition Duces Tecum (of Stefan Gluck) filed.
Mar. 13, 2012 Claimants' Motion to Compel Defendant Mercy Hospital, Inc. to Provide Better Answers to Expert Witness Interrogatories filed.
Mar. 07, 2012 Notice of Taking Deposition Duces Tecum (of Robert Stone) filed.
Mar. 07, 2012 Notice of Taking Deposition Duces Tecum (of Marilu Madrigal) filed.
Mar. 06, 2012 Claimants' Request for Copies filed.
Mar. 05, 2012 Defendant Mercy Hospital, Inc.'s Notice of Service of Discovery Requests filed.
Mar. 01, 2012 South Florida Medical Imaging, P.A.'s and Amisha Agarwal, M.D.'s Notice of Joinder in Mercy Hospital, Inc.'s Motion for Continuance filed.
Mar. 01, 2012 Claimants' Request for Copies filed.
Mar. 01, 2012 Order Denying Continuance of Final Hearing.
Mar. 01, 2012 Notice of Production from Non-party filed.
Mar. 01, 2012 Claimants' Motion in Opposition to Defendant Mercy Hospital, Inc.'s Motion for Continuance filed.
Feb. 28, 2012 Claimants' Notice of Service of Answers to Defendant's Second Set of Interrogatories filed.
Feb. 28, 2012 Notice of Production from Non-party (employment records) filed.
Feb. 28, 2012 Notice of Production from Non-party (medical providers) filed.
Feb. 28, 2012 Defendant Mercy Hospital, Inc.'s Motion for Continuance filed.
Feb. 28, 2012 Defendant Mercy Hospital, Inc.'s Notice of Service of Discovery Requests filed.
Feb. 24, 2012 Notice of Stipulation to Waive Attendance at Mediation filed.
Feb. 22, 2012 Claimants' Response to Defendant's First Request for Production filed.
Feb. 22, 2012 Claimants' Answers to Defendant's Consortium Interrogatories filed.
Feb. 22, 2012 Claimants' Answers to Defendant's First Set of Medical Malpractice Interrogatories filed.
Feb. 10, 2012 Notice of Unavailability filed.
Feb. 08, 2012 Notice of Taking Deposition (of Alejandro Estrada) filed.
Feb. 08, 2012 Notice of Unavailability filed.
Feb. 06, 2012 Defendant Mercy Hospital, Inc.'s Notice of Service of Discovery Requests filed.
Jan. 30, 2012 Claimants' Notice of Service of Expert Witness Interrogatories to Defendant, Mercy Hospital, Inc. filed.
Jan. 30, 2012 Claimants' Notice of Service of Expert Witness Interrogatories to Defendants, South Florida Medical Imaging, P.A. and Amisha Agarwal, M.D. filed.
Jan. 26, 2012 Notice of Taking Depositions (Estrella Estrada and Carlos Estrada) filed.
Jan. 24, 2012 Notice of Arbitration Hearing (hearing set for May 8 through 10, 2012; 9:30 a.m.; Miami, FL).
Jan. 23, 2012 Parties' Joint Compliance with Order Concerning Assessment Arbitration filed.
Jan. 20, 2012 Defendant Mercy Hospital, Inc.'s Notice of Service of Discovery Requests filed.
Jan. 09, 2012 Order Concerning Assessment Arbitration.
Jan. 09, 2012 Order Confirming Arbitrators.
Jan. 09, 2012 Certificate of Defendant Mercy Hospital, Inc.'s Arbitrator filed.
Jan. 09, 2012 Certificate of Defendant Mercy Hospital, Inc.'s Alternate Arbitrator filed.
Jan. 09, 2012 Defendant Mercy Hospital, Inc.'s Designation of Arbitrator and Alternate Arbitrator filed.
Dec. 16, 2011 Certificate of Claimants' Alternate Arbitrator filed.
Dec. 16, 2011 Certificate of Claimants' Arbitrator filed.
Dec. 05, 2011 Joint Request for Arbitration filed.
Dec. 02, 2011 Notice Regarding Applicable Rules and Service of Pleadings.
Dec. 02, 2011 Certificate of Chief Arbitrator.
Dec. 02, 2011 Order Appointing Chief Arbitrator.
Dec. 01, 2011 Joint Request for Arbitration filed.

Orders for Case No: 11-006138MA
Issue Date Document Summary
Apr. 26, 2013 Mandate
Apr. 10, 2013 Opinion
Source:  Florida - Division of Administrative Hearings

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