In Re: Medical Review Panel for the Claim of Kayla Marles Neville

Louisiana Court of Appeal

In Re: Medical Review Panel for the Claim of Kayla Marles Neville

DecidedMay 26, 2020

Docket20-C-127

StatusUnknown

This text of In Re: Medical Review Panel for the Claim of Kayla Marles Neville (In Re: Medical Review Panel for the Claim of Kayla Marles Neville) 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.

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In Re: Medical Review Panel for the Claim of Kayla Marles Neville, (La. Ct. App. 2020).

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Opinion

IN RE: MEDICAL REVIEW PANEL FOR NO. 20-C-127 THE CLAIM OF KAYLA MARLES NEVILLE FIFTH CIRCUIT

COURT OF APPEAL

STATE OF LOUISIANA

May 26, 2020

Mary E. Legnon Chief Deputy Clerk

ON APPLICATION FOR REHEARING

Panel composed of Susan M. Chehardy, Marc E. Johnson, and John J. Molaison, Jr.

REHEARING GRANTED, WITH REASONS.

SMC MEJ JJM IN RE: MEDICAL REVIEW PANEL FOR NO. 20-C-127 THE CLAIM OF KAYLA MARLES NEVILLE FIFTH CIRCUIT

On April 6, 2020, defendant-applicant, Felix H. Savoie, M.D., filed a writ application seeking review of the trial court's March 4, 2020 judgment denying his exception of prescription. The application was denied on the basis that it did not comply with the mandatory provisions of Rule 4-5(C) of the Uniform Rules - Courts of Appeal. Defendant-applicant filed an application for rehearing asserting that due to the constraints and uncertainties regarding deadlines for legal proceedings presented by the COVID-19 pandemic, he was unable to attach the required documents to his original application, and requests that he now be allowed to supplement and amend his application with those documents. In response to the public health emergency threat of COVID - 19, the Govenor of Louisiana issued Proclamation N0. 30 JBE 2020, which suspended deadlines in legal proceedings in all courts beginning March 16, 2020 until June 5, 2020.1 Because the delay for filing the defendant-applicant’s original writ application fell within the deadline suspension of the COVID-19 state of emergency, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the application for rehearing filed by defendant-applicant, Felix H. Savoie, M.D., is GRANTED. IT IS FURTHER ORDERED that, defendant-applicant, Felix H. Savoie, M.D., be allowed to file a supplemental and amending writ application for reconsideration, and shall include a written transcipt of the February 7, 2020 proceedings, on or before June 12, 2020.

1 The Governor’s original order extended deadlines until April 13, 2020, but was later amended in Proclamation No. 59 JBE 2020 extending the deadlines to Friday, June 5, 2020.

20-C-127 1 SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

MARY E. LEGNON FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN BUCHHOLZ STEPHEN J. WINDHORST FIRST DEPUTY CLERK HANS J. LILJEBERG JOHN J. MOLAISON, JR. FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 05/26/2020 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

20-C-127 E-NOTIFIED Michael G. Bagneris (Respondent) Michael F. Nolan (Relator) Don S. McKinney (Respondent)

MAILED

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IN RE: MEDICAL REVIEW PANEL FOR NO. 20-C-127 THE CLAIM OF KAYLA MARLES NEVILLE FIFTH CIRCUIT

COURT OF APPEAL

STATE OF LOUISIANA

May 26, 2020

Mary E. Legnon Chief Deputy Clerk

ON APPLICATION FOR REHEARING

Panel composed of Susan M. Chehardy, Marc E. Johnson, and John J. Molaison, Jr.

REHEARING GRANTED, WITH REASONS.

SMC MEJ JJM IN RE: MEDICAL REVIEW PANEL FOR NO. 20-C-127 THE CLAIM OF KAYLA MARLES NEVILLE FIFTH CIRCUIT

On April 6, 2020, defendant-applicant, Felix H. Savoie, M.D., filed a writ application seeking review of the trial court's March 4, 2020 judgment denying his exception of prescription. The application was denied on the basis that it did not comply with the mandatory provisions of Rule 4-5(C) of the Uniform Rules - Courts of Appeal. Defendant-applicant filed an application for rehearing asserting that due to the constraints and uncertainties regarding deadlines for legal proceedings presented by the COVID-19 pandemic, he was unable to attach the required documents to his original application, and requests that he now be allowed to supplement and amend his application with those documents. In response to the public health emergency threat of COVID - 19, the Govenor of Louisiana issued Proclamation N0. 30 JBE 2020, which suspended deadlines in legal proceedings in all courts beginning March 16, 2020 until June 5, 2020.1 Because the delay for filing the defendant-applicant’s original writ application fell within the deadline suspension of the COVID-19 state of emergency, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the application for rehearing filed by defendant-applicant, Felix H. Savoie, M.D., is GRANTED. IT IS FURTHER ORDERED that, defendant-applicant, Felix H. Savoie, M.D., be allowed to file a supplemental and amending writ application for reconsideration, and shall include a written transcipt of the February 7, 2020 proceedings, on or before June 12, 2020.

1 The Governor’s original order extended deadlines until April 13, 2020, but was later amended in Proclamation No. 59 JBE 2020 extending the deadlines to Friday, June 5, 2020.

20-C-127 1 SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

MARY E. LEGNON FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN BUCHHOLZ STEPHEN J. WINDHORST FIRST DEPUTY CLERK HANS J. LILJEBERG JOHN J. MOLAISON, JR. FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 05/26/2020 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

20-C-127 E-NOTIFIED Michael G. Bagneris (Respondent) Michael F. Nolan (Relator) Don S. McKinney (Respondent)

MAILED

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In Re: Medical Review Panel for the Claim of Kayla Marles Neville, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-medical-review-panel-for-the-claim-of-kayla-marles-neville-lactapp-2020.