Clark Gunderson, M.D. v. F. A. Richard & Associates, Inc.

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT P.O. Box 16577 Lake Charles LA 70616

(337) 433-9403

Perry Roger Staub, Jr. Mark Edward Van Horn Taggart, Morton Taggart, Morton 1100 Poydras, Suite 2100 1100 Poydras St., #2100 New Orleans LA 70163-2100 New Orleans LA 70163-2100

James R. Nieset Plauche, Smith, & Nieset P.O. Drawer 1705 Lake Charles LA 70602

REHEARING ACTION: August 25, 2010

Docket Number: 09 01498-CA

CLARK GUNDERSON, M.D., ET AL. VERSUS F. A. RICHARD & ASSOCIATES, INC., ET AL.

Appealed from Calcasieu Parish Case No. 2004-2417

BEFORE JUDGES:

Hon. Sylvia R. Cooks Hon. Billy Howard Ezell Hon. J. David Painter

As counsel of record in the captioned case, you are hereby notified that the application

for rehearing filed by First Health Group Corp. has this day been

DENIED. Cooks, J., assigns written reasons.

cc: William Boyce Monk, Counsel for the Appellee Thomas Allen Filo, Counsel for the Appellee Arthur M. Murray, Counsel for the Appellee Edward Paige Sensenbrenner, Counsel for the Appellee Theodore Robert Scarborough, Counsel for the Appellee Todd Alexander Rossi, Counsel for the Appellant Michael D. Kendall, Counsel for the Appellant David W. O'Quinn, Counsel for the Appellant John Emerson Galloway, Counsel for the Appellee Janice Bertucci Unland, Counsel for the Appellee Stephen Winston Glusman, Amicus Counsel

COOKS, J. ON REHEARING

I have examined the record again. After re-checking the record there is

nothing in it suggesting that the Order of Appeal was signed before the Summary

Judgment was signed by the trial court. Defendant’s brief acknowledges in

footnote 10 that there is no way to determine from this record the order in which

the trial court signed the Order of Appeal and the Summary Judgment. See also

La. C.C.P. art 2088(A)(7).