Elawyers Elawyers
Ohio| Change

VANN EASTON AND ANDREA SORTINO, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF ASHTON C. EASTON vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 12-003167N (2012)

Court: Division of Administrative Hearings, Florida Number: 12-003167N Visitors: 11
Petitioner: VANN EASTON AND ANDREA SORTINO, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF ASHTON C. EASTON
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: SUSAN BELYEU KIRKLAND
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Clearwater, Florida
Filed: Sep. 24, 2012
Status: Closed
DOAH Final Order on Friday, September 6, 2013.

Latest Update: Oct. 25, 2013
Summary: This cause came on for consideration pursuant to sections 766.304 and 766.305(7), Florida Statutes, upon the Stipulation and Joint Petition for Compensation of Claims Arising out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes (Stipulation and Joint Petition), filed with the Division of Administrative Hearings on June 3, 2013, for the entry of an order approving the resolution of a claim for compensation benefits filed in accordance with the provisions of c
More
TempHtml


STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


VANN EASTON AND ANDREA SORTINO,

on behalf of and as parents and natural guardians of ASHTON C. EASTON,


Petitioners,


vs.


FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,


Case No. 12-3167N


Respondent,


and


ST. PETERSBURG GENERAL HOSPITAL,


Intervenor.

/


FINAL ORDER ON REASONABLE EXPENSES INCURRED

BY PETITIONERS IN CONNECTION WITH THE FILING OF CLAIM


This cause came on for consideration upon Petitioners’ and Respondent’s Stipulation and Joint Petition for Resolution of Reasonable Expenses Incurred by Petitioners in Connection with Filing of Claim (Stipulation and Joint Petition) filed on August 28, 2013.

On June 6, 2013, a Final Order Approving Stipulation for Entry of Award was entered. The issue of attorney’s fees and other expenses incurred by Petitioners in connection with the filing of the claim was not resolved.


On August 28, 2013, the Stipulation and Joint Petition was filed, stipulating to a reasonable attorney’s fee and costs incurred by Petitioners in connection with the filing of the claim and requesting that a final order be entered approving the stipulated amounts.

After due consideration of the interests of all parties, and being otherwise fully advised in the premises, it is

ORDERED:


  1. The stipulation for Respondent to pay as a lump sum to Beltz & Ruth, P.A., $7,343.45 in attorney’s fees and $1,724.63 in costs is approved and said attorney’s fees and costs shall be paid forthwith.

  2. The Parties shall abide by the terms of the Stipulation and Joint Petition.

DONE AND ORDERED this 6th day of September, 2013, in Tallahassee, Leon County, Florida.

S

SUSAN BELYEU KIRKLAND

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 6th day of September, 2013.


COPIES FURNISHED:

(Via certified mail)


Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association 2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7013 0600 0002 2576 0830)


Randy J. Ogden, Esquire Ogden and Sullivan, P.A.

113 South Armenia Avenue Tampa, Florida 33609

(Certified Mail No. 7013 0600 0002 2576 0847)


Chafica A. Singha, Esquire Beltz and Ruth

Post Office Box 16847

St. Petersburg, Florida 03373-6847 (Certified Mail No. 7013 0600 0002 2576 0854)


Robert J. Grace, Esquire The Bleakley Bavol Law Firm 15170 North Florida Avenue Tampa, Florida 33613

(Certified Mail No. 7013 0600 0002 2576 0861)


Amie Rice, Investigation Manager Consumer Services Unit Department of Health

4052 Bald Cypress Way, Bin C-75 Tallahassee, Florida 32399-3275

(Certified Mail No. 7013 0600 0002 2576 0878)


Elizabeth Dudek, Secretary Health Quality Assurance

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7013 0600 0002 2576 0885)


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: 12-003167N
Issue Date Proceedings
Oct. 25, 2013 Letter to A. Cole from H. Rice requesting a copy of the NICA file filed.
Sep. 13, 2013 Certified Return Receipt received this date from the U.S. Postal Service.
Sep. 12, 2013 Certified Return Receipt received this date from the U.S. Postal Service.
Sep. 11, 2013 Certified Return Receipt received this date from the U.S. Postal Service.
Sep. 10, 2013 Certified Return Receipt received this date from the U.S. Postal Service.
Sep. 06, 2013 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Sep. 06, 2013 Final Order on Reasonable Expenses Incurred by Petitioners in Connection with the Filing of Claim. CASE CLOSED.
Sep. 03, 2013 Order Granting Motion.
Aug. 28, 2013 Motion to Withdraw Petitioners' Request for Hearing on the Court's Final Order Approving Stipulation for Entry of Award Date June 6, 2013 filed.
Aug. 28, 2013 Stipulation and Joint Petition for Resolution of Reasonable Expenses Incurred by Petitioner in Connection with Filing of Claim filed.
Aug. 27, 2013 Petitioners' Request for Hearing on the Court's Final Order Approving Stipulation for Entry of Award Date June 6, 2013 filed.
Jul. 23, 2013 Order Granting Extension of Time.
Jul. 22, 2013 Petitioner's Motion for Additional Extension of Time in Which to Respond to the Court's Final Order Approving Stipulation for Entry of Award Date June 6, 2013 filed.
Jun. 13, 2013 Certified Return Receipt received this date from the U.S. Postal Service.
Jun. 12, 2013 Certified Return Receipt received this date from the U.S. Postal Service.
Jun. 11, 2013 Certified Return Receipt received this date from the U.S. Postal Service.
Jun. 10, 2013 Certified Return Receipt received this date from the U.S. Postal Service.
Jun. 06, 2013 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Jun. 06, 2013 Final Order Approving Stipulation for Entry of Award. CASE CLOSED.
Jun. 03, 2013 Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-related Neurological Injury Pursuant to Chapter 766, Florida Statute filed.
May 06, 2013 Order Granting Extension of Time.
May 03, 2013 Petitioners' Motion for Additional Extension of Time in Which to Respond to the Court's Order Dated March 19, 2013 filed.
Apr. 03, 2013 Order Granting Extension of Time.
Apr. 02, 2013 Petitioners' Motion for Extension of Time in Which to Respond to the Court's Order Dated March 19, 2013 filed.
Mar. 19, 2013 Order (regarding availability, estimated hearing time, and venue for compensability hearing).
Mar. 11, 2013 Respondent, Florida Birth-related Neurological Injury Compensation Association's Response to Petition for Benefits filed.
Feb. 26, 2013 Order Granting Extension of Time.
Feb. 25, 2013 Respondent, Florida Birth-related Neurological Injury Compensation Association's Unopposed Motion for Extension of Time filed.
Dec. 05, 2012 Order Granting Extension of Time.
Dec. 05, 2012 Letter to Judge Kirkland from R. Grace confirming date for conference call filed.
Nov. 30, 2012 Notice of Appearance (R. Grace) filed.
Nov. 19, 2012 Petitioners' Objection to Respondent's Motion for Extension of Time in Which to Respond to Petition filed.
Nov. 15, 2012 Notice of Appearance (C. Singha) filed.
Nov. 13, 2012 Motion for Extension of Time in Which to Respond to Petition filed.
Nov. 08, 2012 Order Granting Petition to Intervene.
Oct. 31, 2012 Order (motion to accept K. Shipley as qualified representative granted).
Oct. 22, 2012 Motion to Intervene on Behalf of St. Petersburg General Hospital filed.
Oct. 15, 2012 Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed.
Oct. 01, 2012 Certified Return Receipt received this date from the U.S. Postal Service.
Sep. 26, 2012 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Sep. 26, 2012 Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
Sep. 26, 2012 Initial Order.
Sep. 24, 2012 NICA filing fee (Check No. 82606; $15.00) filed (not available for viewing).
Sep. 24, 2012 Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.

Orders for Case No: 12-003167N
Issue Date Document Summary
Sep. 06, 2013 DOAH Final Order Parties agreed to reimbursement of attorney's fees and costs
Jun. 06, 2013 DOAH Final Order Final Order approving the Association's acceptance of the claim for compensation.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer