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12-003167N 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
 Status: Closed
DOAH Final Order on Friday, September 6, 2013.

View Dockets  
Summary: Parties agreed to reimbursement of attorney's fees and costs

1Case No. 12-3167N

4STATE OF FLORIDA

7DIVISION OF ADMINISTRATIVE HEARINGS

11VANN EASTON AND ANDREA SORTINO,

16on behalf of and as parents and

23natural guardians of ASHTON C. FINAL ORDER ON REASONABLE EXPENSES INCURRED

34EASTON,

35Petitioners,

36vs.

37FLORIDA BIRTH-RELATED

39NEUROLOGICAL INJURY COMPENSATION

42ASSOCIATION,

43Respondent,

44and

45ST. PETERSBURG GENERAL HOSPITAL,

49Intervenor.

50/

51BY PETITIONERS IN CONNECTION WITH THE FILING OF CLAIM

60This cause came on for consideration upon Petitioners’ and

69Respondent’s Stipulation and Joint Petition for Resolution of

77Reasonable Expenses Incurred by Petitioners in Connection with

85Filing of Claim (Stipulation and Joint Petition) filed on

94August 28, 2013.

97On June 6, 2013, a Final Order Approving Stipulation for

107Entry of Award was entered. The issue of attorney’s fees and

118other expenses incurred by Petitioners in connection with the

127filing of the claim was not resolved.

134On August 28, 2013, the Stipulation and Joint Petition was

144filed, stipulating to a reasonable attorney’s fee and costs

153incurred by Petitioners in connection with the filing of the

163claim and requesting that a final order be entered approving the

174stipulated amounts.

176After due consideration of the interests of all parties, and

186being otherwise fully advised in the premises, it is

195ORDERED:

1961. The stipulation for Respondent to pay as a lump sum to

208Beltz & Ruth, P.A., $7,343.45 in attorney’s fees and $1,724.63 in

221costs is approved and said attorney’s fees and costs shall be

232paid forthwith.

2342. The Parties shall abide by the terms of the Stipulation

245and Joint Petition.

248DONE AND ORDERED this 6th day of September, 2013, in

258Tallahassee, Leon County, Florida.

262S

263SUSAN BELYEU KIRKLAND

266Administrative Law Judge

269Division of Administrative Hearings

273The DeSoto Building

2761230 Apalachee Parkway

279Tallahassee, Florida 32399-3060

282(850) 488-9675

284Fax Filing (850) 921-6847

288www.doah.state.fl.us

289Filed with the Clerk of the

295Division of Administrative Hearings

299this 6th day of September, 2013.

305COPIES FURNISHED:

307(Via certified mail)

310Kenney Shipley, Executive Director

314Florida Birth Related Neurological

318Injury Compensation Association

3212360 Christopher Place, Suite 1

326Tallahassee, Florida 32308

329(Certified Mail No. 7013 0600 0002 2576 0830)

337Randy J. Ogden, Esquire

341Ogden and Sullivan, P.A.

345113 South Armenia Avenue

349Tampa, Florida 33609

352(Certified Mail No. 7013 0600 0002 2576 0847)

360Chafica A. Singha, Esquire

364Beltz and Ruth

367Post Office Box 16847

371St. Petersburg, Florida 03373-6847

375(Certified Mail No. 7013 0600 0002 2576 0854)

383Robert J. Grace, Esquire

387The Bleakley Bavol Law Firm

39215170 North Florida Avenue

396Tampa, Florida 33613

399(Certified Mail No. 7013 0600 0002 2576 0861)

407Amie Rice, Investigation Manager

411Consumer Services Unit

414Department of Health

4174052 Bald Cypress Way, Bin C-75

423Tallahassee, Florida 32399-3275

426(Certified Mail No. 7013 0600 0002 2576 0878)

434Elizabeth Dudek, Secretary

437Health Quality Assurance

440Agency for Health Care Administration

4452727 Mahan Drive, Mail Stop 3

451Tallahassee, Florida 32308

454(Certified Mail No. 7013 0600 0002 2576 0885)

462NOTICE OF RIGHT TO JUDICIAL REVIEW

468Review of a final order of an administrative law judge shall be

480by appeal to the District Court of Appeal pursuant to section

491766.311(1), Florida Statutes. Review proceedings are governed by

499the Florida Rules of Appellate Procedure. Such proceedings are

508commenced by filing the original notice of administrative appeal

517with the agency clerk of the Division of Administrative Hearings

527within 30 days of rendition of the order to be reviewed, and a

540copy, accompanied by filing fees prescribed by law, with the

550clerk of the appropriate District Court of Appeal. See

559§ 766.311(1), Fla. Stat., and Fla. Birth-Related Neurological

567Injury Comp. Ass'n v. Carreras , 598 So. 2d 299 (Fla. 1st DCA

5791992).

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 10/25/2013
Proceedings: Letter to A. Cole from H. Rice requesting a copy of the NICA file filed.
PDF:
Date: 09/13/2013
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 09/12/2013
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 09/11/2013
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 09/10/2013
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 09/06/2013
Proceedings: DOAH Final Order
PDF:
Date: 09/06/2013
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 09/06/2013
Proceedings: Final Order on Reasonable Expenses Incurred by Petitioners in Connection with the Filing of Claim. CASE CLOSED.
PDF:
Date: 09/03/2013
Proceedings: Order Granting Motion.
PDF:
Date: 08/28/2013
Proceedings: Motion to Withdraw Petitioners' Request for Hearing on the Court's Final Order Approving Stipulation for Entry of Award Date June 6, 2013 filed.
PDF:
Date: 08/28/2013
Proceedings: Stipulation and Joint Petition for Resolution of Reasonable Expenses Incurred by Petitioner in Connection with Filing of Claim filed.
PDF:
Date: 08/27/2013
Proceedings: Petitioners' Request for Hearing on the Court's Final Order Approving Stipulation for Entry of Award Date June 6, 2013 filed.
PDF:
Date: 07/23/2013
Proceedings: Order Granting Extension of Time.
PDF:
Date: 07/22/2013
Proceedings: 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.
PDF:
Date: 06/13/2013
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 06/12/2013
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 06/11/2013
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 06/10/2013
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 06/06/2013
Proceedings: DOAH Final Order
PDF:
Date: 06/06/2013
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 06/06/2013
Proceedings: Final Order Approving Stipulation for Entry of Award. CASE CLOSED.
PDF:
Date: 06/03/2013
Proceedings: Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-related Neurological Injury Pursuant to Chapter 766, Florida Statute filed.
PDF:
Date: 05/06/2013
Proceedings: Order Granting Extension of Time.
PDF:
Date: 05/03/2013
Proceedings: Petitioners' Motion for Additional Extension of Time in Which to Respond to the Court's Order Dated March 19, 2013 filed.
PDF:
Date: 04/03/2013
Proceedings: Order Granting Extension of Time.
PDF:
Date: 04/02/2013
Proceedings: Petitioners' Motion for Extension of Time in Which to Respond to the Court's Order Dated March 19, 2013 filed.
PDF:
Date: 03/19/2013
Proceedings: Order (regarding availability, estimated hearing time, and venue for compensability hearing).
PDF:
Date: 03/11/2013
Proceedings: Respondent, Florida Birth-related Neurological Injury Compensation Association's Response to Petition for Benefits filed.
PDF:
Date: 02/26/2013
Proceedings: Order Granting Extension of Time.
PDF:
Date: 02/25/2013
Proceedings: Respondent, Florida Birth-related Neurological Injury Compensation Association's Unopposed Motion for Extension of Time filed.
PDF:
Date: 12/05/2012
Proceedings: Order Granting Extension of Time.
PDF:
Date: 12/05/2012
Proceedings: Letter to Judge Kirkland from R. Grace confirming date for conference call filed.
PDF:
Date: 11/30/2012
Proceedings: Notice of Appearance (R. Grace) filed.
PDF:
Date: 11/19/2012
Proceedings: Petitioners' Objection to Respondent's Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 11/15/2012
Proceedings: Notice of Appearance (C. Singha) filed.
PDF:
Date: 11/13/2012
Proceedings: Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 11/08/2012
Proceedings: Order Granting Petition to Intervene.
PDF:
Date: 10/31/2012
Proceedings: Order (motion to accept K. Shipley as qualified representative granted).
PDF:
Date: 10/22/2012
Proceedings: Motion to Intervene on Behalf of St. Petersburg General Hospital filed.
PDF:
Date: 10/15/2012
Proceedings: Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed.
PDF:
Date: 10/01/2012
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 09/26/2012
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 09/26/2012
Proceedings: Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
PDF:
Date: 09/26/2012
Proceedings: Initial Order.
Date: 09/24/2012
Proceedings: NICA filing fee (Check No. 82606; $15.00) filed (not available for viewing).
PDF:
Date: 09/24/2012
Proceedings: Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.

Case Information

Judge:
SUSAN BELYEU KIRKLAND
Date Filed:
09/24/2012
Date Assignment:
09/26/2012
Last Docket Entry:
10/25/2013
Location:
Clearwater, Florida
District:
Middle
Agency:
Florida Birth-Related Neurological Injury Compensation Associati
Suffix:
N
 

Counsels

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Related Florida Statute(s) (5):