BD. OF REGENTS OF STATE OF FLA. v. ATHEY

No. 95-229.

694 So.2d 46 (1997)

The BOARD OF REGENTS OF the STATE OF FLORIDA, Robert M. Thompson, M.D., as an employee of The Board of Regents of The State of Florida, K. Cooper, M.D., as an employee of The Board of Regents of The State of Florida, and University Medical Center, Inc., a Florida corporation, Appellants, v. Devin ATHEY, a minor, By and Through his guardians and natural parents, David ATHEY And Karen D. Athey, a/k/a, Karen Simcic, David Athey And Karen D. Athey, A/K/A Karen D. Simcic, Individually; Chanyse Chanelle Wilson Broaden, a minor, by and through her mother and next friend, Teresa Lynn Wilson, and Teresa Lynn Wilson, Individually, and Eric Jerome Broaden, The father of the infant claimant; and The Florida Neurological Injury Compensation Association, Appellees.

District Court of Appeal of Florida, First District.

January 31, 1997.


Attorney(s) appearing for the Case

Ronald L. Harrop, David B. Falstad and Francis E. Pierce, III of Gurney & Handley, P.A., Orlando; Stephen E. Day and P. Heath Brockwell of Taylor, Day & Rio, Jacksonville, for Appellants.

Kimberly Sands of Sands, White & Sands, P.A., Daytona Beach, for Appellees Wilson-Broaden.

Joel D. Eaton of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami; Searcy, Denney, Scarola, Barnhart & Shipley, P.A., West Palm Beach, for Appellees Athey-Simcic.

Bruce Culpepper and William E. Whitney of Pennington & Haben, P.A., Tallahassee, for Appellee Florida NICA.


REVISED OPINION

VAN NORTWICK, Judge.

This appeal raises questions concerning whether the notice required to be given under section 766.316, Florida Statutes (1989), is a condition precedent to health care providers asserting exclusivity under The Florida Neurological Injury Compensation Association (NICA) and whether the health care provider must have a reasonable opportunity to provide such notice. The Florida Board of

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