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BARDEN v. HADDOX

No. 96-2201.

695 So.2d 1271 (1997)

Robert Eliot BARDEN, M.D. and Robert Eliot Barden, M.D., P.A., Appellants, v. Justin W. HADDOX, a minor, etc., et al, Appellees.

District Court of Appeal of Florida, Fifth District.

June 20, 1997.

Attorney(s) appearing for the Case

Hector M. Moré, Lori A. Wolff, and Jack E. Holt, III, of Taraska, Grower & Ketcham, P.A., Orlando, for Appellants Robert Eliot Barden, M.D., and Robert Eliot Barden, M.D., P.A.

Sharon Lee Stedman of Sharon Lee Stedman, P.A., and Dan H. Honeywell of Wooten, Honeywell & Kest, Orlando, for Appellees.

ANTOON, Judge.

We have for review the trial court's order dismissing with prejudice a medical malpractice action involving a birth-related neurological injury, yet retaining jurisdiction over the case. We reverse.

Justin W. Haddox, a minor, suffered a birth-related neurological injury as defined in section 766.302(2), Florida Statutes (1993), a provision of Florida's Birth-Related Neurological Injury Compensation Plan (NICP). Through his parents, Justin sued...

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