10-002417N Rena Dunn And Randall Dunn, Individually And As Parents And Next Friends Of Randall Dunn, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, October 17, 2012.

Summary: Final Order approving Association's acceptance of reasonable expenses.

Case No. 10-2417N

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RENA DUNN AND RANDALL DUNN, )

individually and as parents and FINAL ORDER ON REASONABLE EXPENSES INCURRED )

next friends of RANDALL DUNN, a )

minor, )

)

Petitioners, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

Respondent, )

)

and )

)

TRICIA PERCY, DO, SMITH SMITH )

SIMPSON & PERCY, OBGYN )

PHYSICIANS, CHARTERED, AND GULF )

COAST MEDICAL CENTER, )

)

Intervenors. )

)

)

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, filed on October 15, 2012.

On July 28, 2011, a Final Order Cancelling Hearing and

Approving Stipulation and Joint Petition for Compensation of

Claim Arising out of Florida Birth-Related Neurological Injury

Pursuant to Chapter 766, Florida Statutes, was entered. The

issue of attorneys' fees and other expenses of the claim related

to Attorney Ronald Gilbert and the McMillen Law Firm, P.A., were

not resolved.

On September 9, 2011, a Stipulation and Joint Motion for

Attorney Fees and Costs was filed by the McMillan Law Firm,

P.A., and Respondent. A Final Order Approving Stipulation was

entered on September 13, 2011, approving the payment of

attorney's fees and expenses incurred by the McMillen Law Firm,

P.A., in connection with filing the instant claim on behalf of

Petitioners.

Petitioners, Rena Dunn and Randall Dunn, individually and

as parents and the next friends for Randall Dunn, a minor, and

Respondent, Florida Birth-Related Neurological Injury

Compensation Association (collectively the "Parties"), request

the entry of an order approving the reasonable expenses incurred

by Colling, Gilbert, Wright & Carter, LLC, in connection with

the filing of the instant claim.

After due consideration of the interests of all parties,

and being otherwise fully advised in the premises, it is

ORDERED:

1. The Parties' stipulation for Respondent to pay as a

lump sum to Colling, Gilbert, Wright & Carter, LLC, $2,500.00 in

attorney's fees and $111.22 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 for Resolution of Reasonable Expenses

Incurred by Petitioners in Connection with Filing of Claim.

DONE AND ORDERED this 17th day of October, 2012, 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

[phone]

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 17th day of October, 2012.

COPIES FURNISHED

:

(Via Certified Mail)

Clifford C. Higby, Esquire

Bryant & Higby, Chartered

833 Harrison Avenue

Post Office Drawer 860

Panama City, Florida 32401

(Certified Mail No. 7011 1570 0001 1540 7295)

Pamela K. Frazier, Esquire

Lozier, Tipton, Thames & Frazier

24 West Chase Street

Post Office Box 408

Pensacola, Florida 32501

(Certified Mail No. 7011 1570 0001 1540 7301)

Richard B. Schwamm, Esquire

Haliczer Pettis and Schwamm

Suite 475

225 East Robinson Street

Orlando, Florida 32801

(Certified Mail No. 7011 1570 0001 1540 7318)

Robert J. Grace, Esquire

The Bleakley Bavol Law Firm

15170 North Florida Avenue

Tampa, Florida 33613

(Certified Mail No. 7011 1570 0001 1540 7325)

Ronald S. Gilbert, Esquire

Colling, Gilbert, Wright and Carter, LLC

Suite 830

801 North Orange Avenue

Orlando, Florida 32801

(Certified Mail No. 7011 1570 0001 1540 7332)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7011 1570 0001 1540 7349)

Randall Dunn

4110 Burge Circle

Panama City, Florida 32403-1061

(Certified Mail No. 7011 1570 0001 1540 7356)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C-75

Tallahassee, Florida 32399-3275

(Certified Mail No. 7011 1570 0001 1540 7363))

Elizabeth Dudek, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7011 1570 0001 1540 7370)

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).