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ANDERSON v. HOSPITAL

No. 2D11-368.

66 So.3d 1095 (2011)

Samuel J. ANDERSON, a minor, by and through Allison Anderson, as mother and natural guardian of Samuel J. Anderson; Timothy Anderson, as father and natural guardian of Samuel J. Anderson; Allison Anderson, individually; and Timothy Anderson, individually, Petitioners, v. HELEN ELLIS MEMORIAL HOSPITAL FOUNDATION, INC.; Holly Maria Bauer, R.N.; West Coast Medical Group, Inc.; Christine Hilderbrandt, R.N.; and Tree of Life Midwifery Service, Respondents.

District Court of Appeal of Florida, Second District.

August 19, 2011.

Attorney(s) appearing for the Case

Rebecca Bowen Creed of Creed & Gowdy, P.A., Jacksonville, and James W. Gustafson, Jr. , of Searcy Denney Scarola Barnhart & Shipley, P.A., Tallahassee, for Petitioners.

Thomas L. Schieffelin and Christopher J. Steinhaus of Hill, Adams, Hall & Schieffelin, P.A., for Respondents Tarpon Springs Hospital Foundation, Inc., d/b/a Helen Ellis Memorial Hospital Foundation, Inc.; Holly Maria Bauer, R.N.; and West Coast Medical Group, Inc.

No appearance for Respondents Christine Hilderbrandt, R.N., and Tree of Life Midwifery Service.

WALLACE, Judge.

Allison Anderson and Timothy Anderson seek review by certiorari of the circuit court's nonfinal order denying their motion to lift the abatement of their civil action against Helen Ellis Memorial Hospital Foundation, Inc. (the Hospital), pending a determination of the available benefits under the Florida Birth-Related Neurological Injury Compensation Plan (the Plan).1 Because the circuit court's order improperly deprives...

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