Eaton v. Garely

Supreme Court of Louisiana

Eaton v. Garely

825 So. 2d 1151, 2002 La. LEXIS 2697, 2002 WL 31174784

CourtSupreme Court of Louisiana

DecidedSeptember 18, 2002

DocketNo. 2002-CC-1970

StatusPublished

This text of 825 So. 2d 1151 (Eaton v. Garely) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eaton v. Garely, 825 So. 2d 1151, 2002 La. LEXIS 2697, 2002 WL 31174784 (La. 2002).

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Opinion

In re Garely, Alan D. M.D. et al.; Yordan-Jovet, Raul, M.D.; Meaux, Rachelle M.D.; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. B, No. 99-16684; to the Court of Appeal, Fourth Circuit, No. 2002-C-0922.

Granted. Although the filing of the claim in the wrong agency suspended prescription under the pre 1997 version of La. R.S. 40:1299.47A(2)(a), prescription began to run pursuant to that statute when the agency advised plaintiffs that the defendant was not qualified. Plaintiffs did not file their claim with the proper agency within the time limits set forth in LA. R.S. 40:1299.47A(2)(a). See Savoy v. University Medical Center, 96-2074 (La.11/15/96), 682 So.2d 747. Accordingly, the judgment of the trial court is reversed, and the exception of prescription is granted.

CALOGERO, C.J., would deny the writ. JOHNSON, J., would deny the writ. WEIMER, J., would deny the writ.

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In re Garely, Alan D. M.D. et al.; Yordan-Jovet, Raul, M.D.; Meaux, Rachelle M.D.; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. B, No. 99-16684; to the Court of Appeal, Fourth Circuit, No. 2002-C-0922.

Granted. Although the filing of the claim in the wrong agency suspended prescription under the pre 1997 version of La. R.S. 40:1299.47A(2)(a), prescription began to run pursuant to that statute when the agency advised plaintiffs that the defendant was not qualified. Plaintiffs did not file their claim with the proper agency within the time limits set forth in LA. R.S. 40:1299.47A(2)(a). See Savoy v. University Medical Center, 96-2074 (La.11/15/96), 682 So.2d 747. Accordingly, the judgment of the trial court is reversed, and the exception of prescription is granted.

CALOGERO, C.J., would deny the writ. JOHNSON, J., would deny the writ. WEIMER, J., would deny the writ.

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Bluebook (online)

825 So. 2d 1151, 2002 La. LEXIS 2697, 2002 WL 31174784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eaton-v-garely-la-2002.

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