LAW.coLAW.co

Joni MACRI, Nicodemo (Nic) Macri, and the Estate of Jena Macri, deceased, Appellants, v. CLEMENTS AND ASHMORE, P.A. d/b/a North Florida Womens Care, David OBryan, M.D., Rachel Depart, CNM, and Florida Birth-Related Neurological Compensation Association, Appellees

Florida District Court of Appeal2009-01-08No. No. 1D07-5818
998 So. 2d 1194

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CURIAM.

Upon consideration of the Appellants’ Motion to Dismiss Cross-Appeal, as well as the cross-appellants’ response thereto, the Court has determined that the cross-appeal should be dismissed. Contrary to the cross-appellants’ suggestion, Florida Rule of Appellate Procedure 9.130(a)(3)(C)(v) does not authorize immediate appellate review of an order that determines as a matter of law that a party is not entitled to immunity pursuant to Florida’s Birth-Related Neurological Injury Compensation Plan (NICA). §§ 766.301-766.316, Fla. Stat. (2007). Furthermore, even if the lower tribunal’s determination that the cross-appellants were not entitled to NICA immunity did fall within the scope of rule 9.130(a)(3)(C)(v), the cross-appellants failed to seek timely review. The ruling occurred in May 2006. The cross-appellants did not seek appellate review until this cross-appeal was filed in November 2007, well beyond the 30 days provided by Florida Rule of Appellate Procedure 9.130(b). Accordingly, the motion is granted and the cross-appeal is hereby dismissed.

HAWKES, C.J., BARFIELD and DAVIS, JJ., concur.