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BEHAN v. FLA. BIRTH-RELATED NICA

No. 93-2862.

664 So.2d 1173 (1995)

Kathleen BEHAN, Mary Lou Behan and Gerald Behan, Appellants, v. FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, Appellee.

District Court of Appeal of Florida, Fourth District.

December 27, 1995.

Attorney(s) appearing for the Case

Joel S. Perwin of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, and Sheldon J. Schlesinger, Fort Lauderdale, for appellants.

W. Douglas Moody, Jr. of Taylor, Brion, Buker and Greene, P.A., Tallahassee, and David W. Black of Atkinson, Diner, Stone, Black & Mankuta, P.A., Hollywood, for appellee.

James S. Haliczer and Pamela R. Kittrell of Cooney, Haliczer, Mattson, Lance, Blackburn, Pettis & Richards, P.A., Fort Lauderdale, amicus curiae for M.J. Rodriguez, M.D.

John W. Mauro of Billing, Cochran, Heath, Lyles & Mauro, P.A., Fort Lauderdale, amicus curiae for Healthtrust, Inc. — The Hospital Company d/b/a Plantation General Hospital, etc.

PER CURIAM.

Appellants filed an administrative claim pursuant to Florida's Birth-Related Neurological Injury Compensation Act (NICA), but did so under protest contending that they were not given notice as required by section 766.316, Florida Statutes (1993), and that NICA was, therefore, inapplicable. The hearing officer refused to expressly rule upon the issue of notice, but proceeded to make the following finding:

Having carefully reviewed the evidentiary...

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