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CENTRAL FLORIDA REGIONAL HOSP., INC. v. WAGER

Nos. 94-2138, 94-2139.

656 So.2d 491 (1995)

CENTRAL FLORIDA REGIONAL HOSPITAL, INC., etc., Petitioner, v. Paul WAGER, et al., Respondents. David C. MOWERE, et al., Petitioners, v. Paul WAGER, et al., Respondents.

District Court of Appeal of Florida, Fifth District.

Order Certifying Question July 14, 1995.

Attorney(s) appearing for the Case

Pamela R. Kittrell and James S. Haliczer of Cooney, Haliczer, Mattson, Lance, Blackburn, Pettis & Richards, P.A., Fort Lauderdale, for petitioner Cent. Florida Regional Hosp., Inc.

Hector A. More and George F. Indest, III, of Taraska, Grower & Ketcham, P.A., Orlando, for petitioners David C. Mowere, et al.

Nolan Carter of Law Offices of Nolan Carter, P.A., Orlando, for respondents Paul Wager, et al.

PETERSON, Judge.

The question presented by these consolidated petitions for writ of certiorari is: what is the proper forum in which to determine whether birth-related injuries were neurological in nature and therefore subject to the exclusive administrative procedures provided by the Florida Birth-Related Neurological Injury Compensation Association (NICA), sections 766.301-.316, Florida Statutes (1993).

The plaintiffs/respondents below initiated an action...

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