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HUMANA OF FLORIDA, INC. v. McKAUGHAN

Nos. 94-01369, 94-01693 and 94-01757.

652 So.2d 852 (1995)

HUMANA OF FLORIDA., INC., d/b/a Humana Women's Hospital — Tampa, William L. Capps, M.D., and William L. Capps, M.D., P.A., Appellants, v. Jaimes McKAUGHAN and Darlene McKaughan, on Behalf of and natural guardians of Michael McKAUGHAN, a minor, Appellees. FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, Appellant, v. Jaimes McKAUGHAN and Darlene McKaughan, on Behalf of and natural guardians of Michael McKAUGHAN, a minor, Appellees. Kenneth SOLOMON, M.D., Kenneth Solomon, M.D., P.A. and Neonatal Associates, Inc., Appellants, v. Jaimes McKAUGHAN and Darlene McKaughan, on Behalf of and natural guardians of Michael McKAUGHAN, a minor, Appellees.

District Court of Appeal of Florida, Second District.

March 3, 1995.

Attorney(s) appearing for the Case

Daneil M. McAuliffe, Timon V. Sullivan, and Bradley J. Goewert of Gunn, Ogden & Sullivan, P.A., and Raymond T. Elligett, Jr. and Amy S. Farrior of Schropp, Buell & Elligett, P.A., Tampa, for appellant Humana.

Ted R. Manry, III, Stephen H. Sears, and Mark E. McLaughlin of MacFarlane, Ausley, Ferguson & McMullen, Tampa, for appellants William L. Capps, M.D. and William L. Capps, M.D., P.A.

Wilbur E. Brewton, W. Douglas Moody, Jr., and Kelly Brewton Plant of Taylor, Brion, Buker & Greene, Tallahassee, for appellant Florida Birth-Related Neurological Injury Compensation Ass'n.

Philip D. Parrish of Stephens, Lynn, Miami, for appellants Kenneth Solomon, M.D., Kenneth Solomon, M.D., P.A., and Neonatal Associates, Inc.

Phillip H. Taylor, West Palm Beach, Bruce S. Rogow and Beverly A. Pohl, Ft. Lauderdale, for appellees.

LAZZARA, Judge.

The Florida Birth-Related Neurological Injury Compensation Association (the Association), as well as Humana Women's Hospital, Dr. Kenneth Solomon and his professional association, Dr. William Capps and his professional association, and Neonatal Associates, Inc. (the Intervenors),1 appeal a final order of dismissal without prejudice entered by an administrative hearing officer on a supplementary petition for benefits filed...

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