What the panel ordered
Petition for Reconsideration dismissed as premature and matter returned to trial judge for further action.
Petition for Reconsideration filed by lien claimant Spectrum Medical Group, Inc., dismissed as premature and treated as a petition to set aside the compromise and release, matter returned to trial judge for further action.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Reconsideration / removalDefendant prevailedRt Arm · Rt Shoulder
The petition was dismissed as premature because the record did not address the lien claimant's assertions and the matter was more appropriately treated as a petition to set aside the settlement, requiring a hearing to develop the record.
From the decision · page 5III DISCUSSION The Petition for Reconsideration appears to be premature. Since there is nothing in the record regarding Lien Claimant's assertions in its Petition for Reconsideration, and to ensure all parties are provided with due process, it is recommended that the matter be returned to the trial level to develop the record or amend the C&R as needed. The Petition for Reconsideration is more appropriately a petition to set aside the settlement and should be treated as such. A hearing on the matter is necessary to frame issues and make a record before if the issue cannot be resolved informally.