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DE SOUZA v. ORTIZ

No. 4D04-3313.

901 So.2d 269 (2005)

Alison Clarke DE SOUZA, M.D. and Northwest Medical Center, Petitioners, v. Yvette ORTIZ and Erick Alberto Ortiz, as parents and natural guardians of Erick Alejandro Ortiz, a minor, and Moulton Keane, M.D., Respondents.

District Court of Appeal of Florida, Fourth District.

April 27, 2005.

Attorney(s) appearing for the Case

Esther E. Galicia of George, Hartz, Lundeen, Fulmer, Johnstone, King & Stevens, Ft. Lauderdale, for petitioner Alison Clarke De Souza.

Debra P. Klauber and James S. Haliczer of Haliczer Pettis, P.A., Ft. Lauderdale, for petitioner Northwest Medical Center.

Edna L. Caruso of Edna L. Caruso, P.A., West Palm Beach, Robert J. Bryan, P.A., Miami, and the Law Office of Scott M. Sandler, Coconut Grove, for respondents Yvette Ortiz and Erick Alberto Ortiz.

PER CURIAM.

We grant this petition for a writ of prohibition to prevent the trial court from proceeding in excess of its jurisdiction.

The underlying action is a medical malpractice claim falling within the exclusive remedy provided by the Florida Birth-Related Neurological Injury Compensation Plan (NICA Plan). See § 766.301-.316, Fla. Stat.

The trial court initially stayed the medical malpractice proceedings until an administrative law...

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