02-003647N Donalyn Dickey And Leonard Dickey, Individually And As Parents And Natural Guardians Of Kobe Dickey, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Monday, November 24, 2003.

Summary: The Petition for Benefits was dismissed without prejudice for Petitioners` failure to comply with the discovery order.

STATE 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. ) Case No. 02 - 3647N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATIO N, )

)

Respondent, )

)

and )

)

PETER C. MCILVEEN; JACK H. )

GERKOVICH, M.D.; and ORLANDO )

REGIONAL HEALTHCARE SYSTEM, )

INC., )

)

Intervenors. )

)

FINAL ORDER OF DISMISSAL WITHOU T 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 Inv oluntary 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 d ays 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, Flor ida.

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 2 78 - 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 - Rela ted 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

Ro nald 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 pa rty 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

fil ing 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 Flo rida

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.