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Doc.
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Date Docketed
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Description
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Filed by
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Notes
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07/07/2008
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT Florida Birth - Related Neurological Injury Compensation Assn. NICA BY: PT Wilbur E. Brewton 110408
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07/11/2008
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Filing Fee $300
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2008 - 1009119 Amount: $300
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07/11/2008
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Fee Paid In Full - $300
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07/21/2008
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ORDER-STAY PROCEEDINGS FSC (TAG CASE)
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The proceedings in this Court in the above case are hereby stayed pending disposition of Florida Birth-Related Neurological Injury Compensation Association v. Bayfront Medical Center, Inc., Case No. SC08-1318, and Kocher v. Bayfront Medical Center, Inc., Case No. SC08-1319, which are pending in this Court.
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08/07/2008
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MOTION-CONSOLIDATION
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RS All Children'S Hospital, Inc. BY: RS Marie A. Borland 847984
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W/SC08-1318 AND SC08-1319
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10/14/2008
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ORDER-CONSOLIDATION GR
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This Court's stay order issued on July 21, 2008, in Florida Birth-Related Neurological Injury Compensation Association v. Department of Administrative Hearings, et al., Case No. SC08-1317, is hereby lifted. The uncontested motion for consolidation filed in that case by respondent All Children's Hospital, Inc., is hereby granted.
Accordingly, the following three cases are hereby consolidated for all appellate purposes: Florida Birth-Related Neurological Injury Compensation Association v. Department of Administrative Hearings, et al., Case No. SC08-1317; Florida Birth-Related Neurological Injury Compensation Association v. Bayfront Medical Center, Inc., Case No. SC08-1318; and Kocher, et al. v. Bayfront Medical Center, Inc., SC08-1319.
The three consolidated cases will be simultaneously submitted to the Court for a determination of jurisdiction, with no further action required by the parties at this time. The parties will be notified by subsequent order of this Court what action, if any, is required of them.
Finally, the companion motions to consolidate filed by All Children's Hospital, Inc., in both Florida Birth-Related Neurological Injury Compensation Association v. Bayfront Medical Center, Inc., Case No. SC08-1318, and Kocher, et al. v. Bayfront Medical Center, Inc., SC08-1319, are hereby stricken as both unauthorized and duplicative. All Children's Hospital, Inc., is not a named party in either of those cases and the consolidation it seeks is fully achieved by the granting of its motion above in Florida Birth-Related Neurological Injury Compensation Association v. Department of Administrative Hearings, et al., Case No. SC08-1317, in which All Children's Hospital is a named party.
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01/30/2009
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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The Court accepts jurisdiction of the above consolidated cases. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument.
Petitioner's initial brief on the merits shall be served on or before February 24, 2009; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer brief on the merits. Please file an original and seven copies of all briefs.
The Clerk of the Second District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before March 30, 2009. The record shall include the briefs filed in the district court separately indexed.
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02/24/2009
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INITIAL BRIEF-MERITS
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PT Florida Birth - Related Neurological Injury Compensation Assn. NICA BY: PT Wilbur E. Brewton 110408
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O&7 & E-MAIL
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02/24/2009
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REQUEST-ORAL ARGUMENT
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PT Florida Birth - Related Neurological Injury Compensation Assn. NICA BY: PT Wilbur E. Brewton 110408
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O&7
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02/24/2009
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APPENDIX
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PT Florida Birth - Related Neurological Injury Compensation Assn. NICA BY: PT Wilbur E. Brewton 110408
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TO INITIAL BRIEF-MERITS (O&7)
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03/04/2009
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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CONSISTING OF 2 VOLUMES OF RECORD, 11 VOLUMES OF EXHIBITS, 1 SMALL ENVELOPE AND 1 CONSTRUCTED VOL OF BRIEFS (1 BOX)
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03/09/2009
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MOTION-AMICUS CURIAE
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MR Florida Justice Association BY: MR Joel S. Perwin 316814
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IN SUPPORT OF RESPONDENTS CHRISTOPHER AND COURTNEY GLEN
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03/16/2009
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS All Children'S Hospital, Inc. BY: RS C. Howard Hunter 270199
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03/20/2009
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NOTICE
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MR Florida Justice Association BY: MR Joel S. Perwin 316814
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OF TIMELY SERVING THE FLORIDA JUSTICE ASSOCIATION'S AMICUS CURAIE BRIEF, IN THE EVENT THE COURT GRANTS ITS PREVIOUSLY FILED MOTION
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03/20/2009
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Florida Justice Association BY: MR Joel S. Perwin 316814
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O&7 & E-MAIL
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03/24/2009
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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The agreed motion for extension of time by Respondents, All Chidren Hospital, Inc., joined by Respondents generally, is granted and the Respondents in the above styled consolidated cases are allowed to and including April 13, 2009, in which to serve their answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENTS FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly. Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, counsel are directed to transmit a copy of all briefs in an electronic format as required by the provisions of that order.
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04/03/2009
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MOTION-AMICUS CURIAE
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MR Florida Defense Lawyers Association BY: MR Caryn L. Bellus 60445
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JOINT MOTION OF FDLA AND FHA TO FILE JOINT AMICUS BRIEF IN SUPPORT OF RESPONDENT, ALL CHILDREN'S HOSPITAL
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04/14/2009
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ANSWER BRIEF-MERITS
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RS All Children'S Hospital, Inc. BY: RS Marie A. Borland 847984
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O&7 & E-MAIL
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04/16/2009
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REQUEST-ORAL ARGUMENT
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RS Courtney Lynn Glenn BY: RS Steven Carroll Ruth 226531
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04/16/2009
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ANSWER BRIEF-MERITS
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RS Courtney Lynn Glenn BY: RS Steven Carroll Ruth 226531
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O&7 & E-MAIL
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04/16/2009
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APPENDIX
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RS Courtney Lynn Glenn BY: RS Steven Carroll Ruth 226531
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O&7
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04/16/2009
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ANSWER BRIEF-MERITS
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RS Christopher Glenn BY: RS Timothy F. Prugh 138714
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0&7 & E-MAIL
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04/17/2009
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NOTICE-ADOPTION
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RS Christopher Glenn BY: RS Timothy F. Prugh 138714
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OF ANSWER BRIEF OF RESPONDENTS COURTNEY LYNN GLENN AND ANNA LENTINI, F/I/A ANNA GLEN (O&7 & E-MAIL)
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04/17/2009
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Florida Defense Lawyers Association BY: MR Andrew S. Bolin 569097
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O&7 & E-MAIL
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04/20/2009
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by the Florida Justice Association is hereby granted and they are allowed to file brief only in support of Michael Kocher and Christopher and Courtney Glenn. The brief by the above referenced amicus curiae was filed with this Court on March 20, 2009.
Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, counsel are directed to transmit a copy of all briefs in an electronic format as required by the provisions of that order.
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04/30/2009
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ORDER-AMICUS CURIAE GR
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The joint motion for leave to file brief as amicus curiae filed by the Florida Defense Lawyers' Association and the Florida Hospital Association is hereby granted and they are allowed to file brief only in support of Respondent, All Children's Hospital. The joint brief by the above referenced amicus curiae was filed with this Court on April 17, 2009.
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05/04/2009
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MOTION-STRIKE
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RS All Children'S Hospital, Inc. BY: RS Marie A. Borland 847984
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(THE ARGUMENT RAISED IN POINT III OF THE ANSWER BRIEF OF RESPONDENTS, THE GLENNS AND THE APPENDIX FILED IN SUPPORT)
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05/07/2009
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REPLY BRIEF-MERITS
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PT Florida Birth - Related Neurological Injury Compensation Assn. NICA BY: PT Wilbur E. Brewton 110408
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O&7 & E-MAIL
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05/11/2009
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RESPONSE
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RS Courtney Lynn Glenn BY: RS Steven Carroll Ruth 226531
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GLENNS' RESPONSE TO ALL CHILDREN'S HOSPITAL'S MOTION TO STRIKE
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05/11/2009
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NOTICE-ADOPTION
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RS Christopher Glenn BY: RS Timothy F. Prugh 138714
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OF AND JOINDER IN GLENNS' RESPONSE TO ALL CHILDREN'S HOSPITAL'S MOTION TO STRIKE
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05/22/2009
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ORDER-STRIKE DY
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The Motion to Strike filed by Respondent, All Children's Hospital, Inc. is hereby denied.
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06/02/2009
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Monday, August 31, 2009.
A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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06/02/2009
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ORAL ARGUMENT CALENDAR
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08/19/2009
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MOTION-OTHER SUBSTANTIVE
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RS All Children'S Hospital, Inc. BY: RS C. Howard Hunter 270199
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FILED AS "JOINT STATEMENT OF PARTIES REGARDING ORAL ARGUMENT" TREATED AS MOTION TO REALIGN PARTIES FOR THE PURPOSE OF ORAL ARGUMENT (& E-FILE)
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08/26/2009
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ORDER-OTHER SUBSTANTIVE DY
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The Joint Statement of Parties Regarding Oral Argument has been treated as a motion to realign parties for the purpose of oral argument and is hereby denied. The parties are directed to participate in oral argument per normal procedure, i.e., petitioners argue first and respondents second. Petitioners are directed to reserve rebuttal time, if desired, before argument begins.
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08/31/2009
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ORAL ARGUMENT HELD
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01/07/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS All Children'S Hospital, Inc. BY: RS C. Howard Hunter 270199
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O&1 (REQ'D 6 COPIES) -1/11/2010: 6 COPIES FILED
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01/14/2010
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DISP-QUASHED & REMANDED
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For the reasons explained above, we answer the certified question in the negative, quash the decisions of the Second District in Bayfront Medical Center, Inc. v. Florida Birth-Related Neurological Injury Compensation Ass'n, 982 So. 2d 704 (Fla. 2d DCA 2008), and All Children's Hospital, Inc. v. Department of Administrative Hearings, 989 So. 2d 2 (Fla. 2d DCA 2008), and remand for further proceedings.
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01/29/2010
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MOTION-REHEARING/COMPANION CASE ONLY
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(CONSOLIDATED) BY RESPONDENT BAYFRONT MEDICAL CENTER, INC.
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03/01/2010
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DISP-REHEARING DY
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Respondent Bayfront Medical Center, Inc.'s Motion for Rehearing or Clarification is hereby denied. (RC)
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05/28/2010
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ARCHIVES
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File
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06/10/2010
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MANDATE
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CC: COUNSEL
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