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DEPART v. MACRI

No. 1D04-1496.

902 So.2d 271 (2005)

Rachel DEPART, CNM, Appellant, v. Nicodemo MACRI and Joni Macri, Individually, and as Parents, Natural Guardians and Personal Representatives of the Estate of Jena Macri, deceased; Florida Birth-Related Neurological Injury Compensation Association; David O'Bryan, M.D., and Clements and Ashmore, P.A., d/b/a North Florida Women's Care, Appellees.

District Court of Appeal of Florida, First District.

May 23, 2005.

Attorney(s) appearing for the Case

Harold R. Mardenborough, Jr., and Douglas P. Jones of McFarlain & Cassedy, P.A., Tallahassee, for Appellant.

Donald M. Hinkle of Hinkle & Foran, Tallahassee, for Appellees Macri; Wilbur E. Brewton, General Counsel and Kelly B. Plante of Roetzel & Andress, L.P.A., Tallahassee, for Appellee Florida Birth-Related Neurological Injury Compensation Association.

WEBSTER, J.

Appellant, a certified nurse midwife, seeks review of a final order entered by an administrative law judge following a hearing held pursuant to section 766.304, Florida Statutes (2000), to determine compensability from the Florida Birth-Related Neurological Injury Compensation Association for a "birth-related neurological injury." We have jurisdiction. See art. V, § 4(b)(2), Fla. Const.; § 766.311(1), Fla. Stat. (2000). The sole issue...

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