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YANEZ THROUGH YANEZ v. HUMANA MEDICAL PLAN, INC.

No. 96-7350-CIV.

969 F.Supp. 1314 (1997)

Andrew YANEZ, a profoundly damaged and permanently totally disabled minor (d/o/b 11/15/93), Through his parents, natural guardians, and next friends, Carlos YANEZ and Karin Yanez; Carlos Yanez and Karin Yanez, individually, and Carlos Yanez and Karin Yanez, as co-personal representatives of the Estate of Matthew Yanez, their deceased minor son (d/o/b 11/15/93, d/o/d 11/17/93), and on behalf of themselves individually as surviving parents, Plaintiffs, v. HUMANA MEDICAL PLAN, INC., a Florida corporation; Columbia Hospital Corporation of South Broward, a Florida Corporation, d/b/a Westside Regional Medical Center; Omar Costa, M.D.; Pediatrix Medical Group, Inc., a Florida corporation; Simon Tsinker, M.D.; and Simon Tsinker, M.D., P.A., a Florida Professional association, Defendants.

United States District Court, S.D. Florida.

January 16, 1997.

Attorney(s) appearing for the Case

Timothy J. Hmielewski, Ft. Lauderdale, FL, for Plaintiffs.

James Solomon Haliczer, Haliczer, Pettis & White, Ft. Lauderdale, FL, for Defendants.

ORDER OF REMAND

HIGHSMITH, District Judge.

THIS CAUSE comes before the Court upon Defendant Humana Medical Plan, Inc.'s ("the HMO") Motion to Dismiss and/or for Partial Summary Judgment, filed November 25, 1996; and "Plaintiffs'/Respondents' Reply to Defendant/Petitioner HMO's Petition for Removal and Motion to Dismiss and/or for Partial Summary Judgment," deemed to be a motion for remand, filed January 2, 1997. For the reasons set forth below, this...

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