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SAMPLES v. FLA. BIRTH-RELATED NEUROLOGICAL

No. 5D09-3378.

40 So.3d 18 (2010)

Angela SAMPLES and Kenneth Ray Samples, etc., Appellants, v. FLORIDA BIRTH-RELATED NEUROLOGICAL, etc., Appellees.

District Court of Appeal of Florida, Fifth District.

June 18, 2010.

Attorney(s) appearing for the Case

Scott R. McMillen and Allison C. McMillen, of McMillen Law Firm, Orlando, and Mayanne Downs and Frederick S. Wermuth of King, Blackwell, Downs & Zehnder, P.A., Orlando, for Appellants.

Wilbur E. Brewton, Kelly B. Plante and Tana D. Storey, of Brewton Plante, P.A., Tallahassee, for Appellees.

LAWSON, J.

The parents of a child with birth-related neurological injuries appeal an administrative order awarding them $100,000 jointly, in parental compensation, pursuant to section 766.31(1)(b)1., Florida Statutes (2007). That section provides for "an award of compensation ... to the parents or legal guardians ... which award shall not exceed $100,000." They argue that this provision is ambiguous and should be construed to authorize an award of up to $100,000 to...

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