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NORTHWEST MEDICAL CENTER, INC. v. ORTIZ

No. 4D04-2028.

920 So.2d 781 (2006)

NORTHWEST MEDICAL CENTER, INC. and Alison Clarke De Souza, M.D., Appellants, v. Yvette ORTIZ, Erick Alberto Ortiz, and Florida Birth-Related Neurological Injury Compensation Association, Appellees.

District Court of Appeal of Florida, Fourth District.

February 15, 2006.

Attorney(s) appearing for the Case

Debra Potter Klauber of Haliczer, Pettis & Schwamm, P.A., Fort Lauderdale, for appellant Northwest Medical Center.

Esther E. Galicia of George, Hartz, Lundeen, Fulmer, Johnstone, King & Stevens, Fort Lauderdale, for appellant Alison Clarke De Souza, M.D.

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

Wilbur E. Brewton and Kelly B. Plante of Roetzel & Andress, L.P.A., Tallahassee, for appellee Florida Birth-Related Neurological Injury Compensation Association.

On Motion for Clarification

WARNER, J.

We grant appellant's motion for clarification, withdraw our prior opinion and substitute the following in its place.

Northwest Medical Center and Dr. Alison Clarke De Souza appeal an administrative order finding that appellee, Mrs. Ortiz, was not given notice of the Florida Birth-Related Neurological Injury Compensation Plan, as required by section 766.316, Florida Statutes (2000). They contend that because...

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