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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07/03/2008
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT Mike Kocher BY: PT Dino Gale Galardi 628220
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07/11/2008
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Filing Fee $300
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2008 - 1009122 Amount: $300
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07/11/2008
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Fee Paid In Full - $300
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07/11/2008
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ORDER-BRIEF SCHED (JURIS ON MERIT CASE)
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The Court has postponed its decision on jurisdiction. The parties are ordered to file jurisdictional briefs pursuant to Florida Rule of Appellate Procedure 9.120. Petitioner is directed to serve, on or before July 28, 2008, an initial brief on jurisdiction. Respondent shall have twenty days after service of petitioner's initial brief on jurisdiction in which to serve an answer brief on jurisdiction.
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07/29/2008
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JURIS INITIAL BRIEF
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PT Mike Kocher BY: PT Dino Gale Galardi 628220
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O&5 & E-MAIL (NO APPENDIX) (07/30/2008: APP FILED)
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07/30/2008
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APPENDIX
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PT Mike Kocher BY: PT Dino Gale Galardi 628220
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(TO PET'S JURIS INIT BRF) O&5
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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 C. Howard Hunter 270199
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W/SC08-1317 & SC08-1318 (STRICKEN 10/14/2008 SEE ORDER IN SC08-1317)
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08/18/2008
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JURIS ANSWER BRIEF
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RS Bayfront Medical Center Inc. BY: RS David S. Nelson 705780
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O&5 & E-MAIL
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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. (SEE SC08-1817 TO VIEW ORDER)
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01/30/2009
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ORDER-JURIS ACCEPT/BRIEF/COUNS (OA LATER DATE)
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TO VIEW ORDER SEE SC08-1317.
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02/02/2009
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NOTICE
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PT Mike Kocher BY: PT Dino Gale Galardi 628220
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OF UNAVAILABILITY
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02/06/2009
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NOTICE
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RS Bayfront Medical Center Inc. BY: RS David S. Nelson 705780
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OF UNAVAILABILITY
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02/24/2009
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Mike Kocher BY: PT Dino Gale Galardi 628220
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FILED IN SC08-1319 ONLY (REQ'D AMD MOTION LISTING ALL 3 CONSOLIDATED CASES) 03/06/2009: AMENDED MOTION FILED
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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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(CONSOLIDATED W/SC08-1318) CONSISTING OF CERTIFICATE OF CLERK, 2 VOLUMES OF RECORD, 3 VOLUMES EXHIBITS AND 1 CONSTRUCTED VOL OF BRIEFS
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03/09/2009
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including March 12, 2009, in which to serve the initial brief on the merits.
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03/09/2009
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MOTION-AMICUS CURIAE
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MP Florida Justice Association BY: MP Joel S. Perwin 316814
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IN SUPPORT OF PETITIONER MICHAEL KOCHER
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03/13/2009
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INITIAL BRIEF-MERITS
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PT Mike Kocher BY: PT Dino Gale Galardi 628220
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O&9 & E-MAIL (NO APPENDIX) REQ'D O&7 OF APPENDIX
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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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03/17/2009
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APPENDIX
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PT Mike Kocher BY: PT Dino Gale Galardi 628220
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(TO INITIAL BRIEF-MERITS) O&7
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03/20/2009
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NOTICE
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MP Florida Justice Association BY: MP 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 INITIAL BRIEF-MERITS
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MP Florida Justice Association BY: MP 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. (SEE SC08-1317 TO VIEW ORDER)
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03/30/2009
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REQUEST-ORAL ARGUMENT
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PT Mike Kocher BY: PT Dino Gale Galardi 628220
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FILED AS "MOTION FOR ORAL ARGUMENT" (O&7)
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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 Bayfront Medical Center Inc. BY: RS David S. Nelson 705780
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O&7 & E-MAIL
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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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04/17/2009
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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. (SEE SC08/1317 TO VIEW 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. (SEE SC08-1317 TO VIEW ORDER)
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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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05/05/2009
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REPLY BRIEF-MERITS
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PT Mike Kocher BY: PT Dino Gale Galardi 628220
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0&7
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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. (SEE SC09-1817 TO VIEW ORDER)
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06/02/2009
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ORAL ARGUMENT CALENDAR
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06/02/2009
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ORDER-OA SCHED (PREV ACCEPTED)
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TO VIEW ORDER SEE SC08-1317.
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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 Marie A. Borland 847984
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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. (SEE SC08-1817 TO VIEW ORDER)
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08/31/2009
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ORAL ARGUMENT HELD
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12/09/2009
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NOTICE
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PT Mike Kocher BY: PT Dino Gale Galardi 628220
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OF UNAVILABILITY
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01/05/2010
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Bayfront Medical Center Inc. BY: RS David S. Nelson 705780
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ORIGINAL ONLY (REQ'D 7 COPIES) - 01/06/2010: 7 COPIES FILED
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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) - 01/11/2010: 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
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RS Bayfront Medical Center Inc. BY: RS David S. Nelson 705780
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(CONSOLIDATED) O&7 (RC)
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02/11/2010
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RESPONSE
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PT Mike Kocher BY: PT Dino Gale Galardi 628220
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FILED AS "APPELLANTS, MIKE AND LYNN KOCHER'S, RESPONSE TO BAYFRONT MEDICAL CENTER, INC.'S MOTION FOR REHEARING OR CLARIFICATION" (O&7)
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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) ***SEE SC08-1317 TO VIEW ORDER***
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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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07/21/2010
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RECORD/TRANSCRIPT RETURNED
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Hon. James Birkhold BY: Hon. James Birkhold
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(CONSOLIDATED W/SC08-1318) 2 VOLUMES OF RECORD, 3 VOLUMES EXHIBITS AND 1 CONSTRUCTED VOL OF BRIEFS
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