Hospital Service District No. 1 of the Parish of Terrebonne, State of Louisiana v. Hospital Service District No. 3 of the Parish of Lafourche, State of Louisiana and Thibodaux Regional Health System, Inc.
This text of Hospital Service District No. 1 of the Parish of Terrebonne, State of Louisiana v. Hospital Service District No. 3 of the Parish of Lafourche, State of Louisiana and Thibodaux Regional Health System, Inc. (Hospital Service District No. 1 of the Parish of Terrebonne, State of Louisiana v. Hospital Service District No. 3 of the Parish of Lafourche, State of Louisiana and Thibodaux Regional Health System, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
HOSPITAL SERVICE DISTRICT NO. 2023 CW 0384 NO. 1 OF THE PARISH OF TERREBONNE, STATE OF LOUISIANA
VERSUS
HOSPITAL SERVICE DISTRICT
NO. 3 OF THE PARISH OF LAFOURCHE, STATE OF MAY 22, 2023 LOUISIANA AND THIBODAUX
REGIONAL HEALTH SYSTEM, INC.
In Re: Hospital Service District No. 3 of the Parish of
Lafourche, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 195104.
BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.
STAY LIFTED; WRIT GRANTED. The portion of the April 6, 2023 judgment that granted a preliminary injunction against
defendants, Hospital Service District No. 3 of the Parish of
Lafourche, State of Louisiana, and Thibodaux Regional Health
System, Inc., is reversed. " A preliminary injunction is an
interlocutory procedural device designed to preserve the status
quo between the parties, pending a determination on the merits
of the controversy." Singleton v. East Baton Rouge Parish School Board, 2022- 0667 ( La. App. 1st Cir. 9/ 16/ 22), 353 So. 3d 164, 176. A plaintiff seeking a preliminary injunction bears the burden of establishing a prima facie showing he will prevail on
the merits and irreparable injury. Id. " Irreparable injury has been interpreted to mean loss that cannot be adequately compensated in money damages or measured by apecuniary standard." Dale v. Louisiana Secretary of State, 2007- 2020 ( La.
App. 1st Cir. 10/ 11/ 07), 971 So. 2d 1136, 1141. Further, " a
party who can be compensated in money damages is not entitled to injunctive relief." Conway v. Stratton, 434 So. 2d 1197, 1199 La. App. 1st Cir. 1983). We find plaintiff, Hospital Service District No. 1 of the Parish of Terrebonne, State of Louisiana,
may be compensated in money damages, thus, it has not shown
irreparable injury. Accordingly, the request for preliminary injunction is denied.
MRT
WRC CHH
t- x . V 1' DEPUTY CLERK OF COURT FOR THE COURT
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