SC04-904 – Florida Birth-Related Neurological Injury Compensation Association v. Division Of Administrative Hearings, Et Al.

State: Florida

Court: Supreme Court

Docket No: sc04-904

Case Date: 04/05/2007

Plaintiff: SC04-904 – Florida Birth-Related Neurological Injury Compensation Association

Defendant: Division Of Administrative Hearings, Et Al.

Preview:Supreme Court of Florida
No. SC04-904
FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY
COMPENSATION ASSOCIATION,
Petitioner,
vs.
DIVISION OF ADMINISTRATIVE HEARINGS, et al.,
Respondents.
[April 5, 2007]
PER CURIAM.
We have for review Florida Health Sciences Center, Inc. v. Division of
Administrative Hearings, 871 So. 2d 1062 (Fla. 2d DCA 2004), in which the
Second District Court of Appeal certified conflict with other district courts of
appeal on the issue of whether an administrative law judge (“ALJ”) has the
authority to determine issues related to notice in a Florida Neurological Injury
Compensation Act (“NICA”) proceeding.  We have jurisdiction.  See art. V, §
(3)(b)(4), Fla. Const.
We stayed this case pending disposition in Florida Birth-Related
Neurological Injury Compensation Ass’n v. Florida Division of Administrative

Hearings, 948 So. 2d 705, 707 (Fla. 2007) (“NICA v. DOAH”), in which we
ultimately held that “when notice is raised as part of a claim filed under NICA, an
ALJ has jurisdiction to make findings regarding whether a health care provider has
satisfied the ‘notice to obstetrical patients’ requirement of section 766.316, Florida
Statutes (Supp. 1998).”  We thus directed the respondents in the present case to
show cause why we should not exercise our jurisdiction, summarily quash the
decision under review, and remand for reconsideration in light of our decision in
NICA v. DOAH.  Upon consideration of the respondents’ responses and the
petitioner’s reply thereto, we have determined to do just that.
We accordingly grant the petition for review in the present case, quash the
decision under review, and remand this matter to the Second District Court of
Appeal for reconsideration upon application of this Court's decision in NICA v.
DOAH.
It is so ordered.
WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.
LEWIS, C.J., dissents.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND
IF FILED, DETERMINED.
Application for Review of the Decision of the District Court of Appeal - Certified
Direct Conflict of Decisions
Second District - Case Nos. 2D01-3919 and 2D01-3970
- 2 -

Wilbur E. Brewton and Kelly B. Plante of Roetzel and Andress, P.A., Tallahassee,
Florida,
for Petitioner
Roland J. Lamb of Morgan, Lamb, Goldman and Valles, P.A., Tampa, Florida;
David S. Nelson and Michael Brown, Tampa, Florida;
for Respondents
- 3 -

Download sc04-904.pdf