Kristine Ackles v. Lsu Plastic Surgery and Renouvo Plastic Surgery

• Court: Louisiana Court of Appeal
• Decided: August 29, 2024
• Docket: 2024-CA-0094
• Status: Published

Opinion

KRISTINE ACKELS * NO. 2024-CA-0094

VERSUS * COURT OF APPEAL LSU PLASTIC SURGERY AND * RENOUVO PLASTIC FOURTH CIRCUIT SURGERY * STATE OF LOUISIANA *******

APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2023-07167, DIVISION “M” Honorable Paulette R. Irons, Judge ****** Chief Judge Terri F. Love ****** (Court composed of Chief Judge Terri F. Love, Judge Roland L. Belsome, Judge Dale N. Atkins)

Kristine Ackels 4912 Burgundy Street New Orleans, LA 70117

PRO SE PLAINTIFF/APPELLANT

APPEAL DISMISSED AUGUST 29, 2024 TFL

RLB Appellant, Kristine Ackels, appeals the trial court’s grant of trial counsel’s

DNA motion to withdraw. Appellant then filed a motion to dismiss the appeal. For the

following reasons, we grant the motion and dismiss the appeal.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Appellant presented to Dr. Daniel Womac for treatment regarding their

diagnosis of gender dysphoria. Dr. Womac was scheduled “to perform a face lift,

neck lift, lowering of forehead, brow lift, removal of nasolabial folds, and a strong

jaw line to be lifted and sculpted.” Following the August 22, 2022 surgery,

Appellant contended that Dr. Womac failed to follow proper protocols and

procedures.1

Appellant retained J. Michael Daly Jr. of Walker Daly, LLP and requested

that a medical review panel convene. They filed suit against the allegedly

negligent non-qualified healthcare providers: Renouvo, LLC a/k/a SPS Office

Holdings, LLC d/b/a Renouvo Plastic Surgery (Dr. Womac’s practice referred to as

“Renouvo”) and LSU Plastic Surgery on July 26, 2023.

On September 15, 2023, Mr. Daly, Esq., filed a Motion to Withdraw his and

1 As the medical malpractice claims are not before this Court, we refrain from recounting all of

the allegations.

1 his firm’s representation of Appellant, wherein he attested: “[n]o counsel has

appeared to notify and no answers have been filed. There are no deadlines in this

matter, and in the Medical Malpractice Complaint, the only deadline is to name an

attorney chairperson before December, 2023. There are no hearings set.”

Appellant filed an opposition to Mr. Daly’s motion to withdraw on

September 22, 2023. The hearing on the Motion to Withdraw was scheduled for

9:00 a.m. on October 23, 2023. The trial court granted the motion, permitting Mr.

Daly and his firm to withdraw from representing Appellant. The trial court also

ordered that Mr. Daly contact defense counsel to obtain extensions for Appellant’s

answers to discovery.

At approximately 11:59 a.m. on October 23, 2023, and presumably after the

conclusion of the motion hearing, Renouvo filed Exceptions and Answer to

Original Petition for Damages and First Amended Petition for Damages and

Alternative Motion to Stay Proceedings. The trial court issued a written judgment

on November 2, 2023, which granted Mr. Daly’s motion. On November 30, 2023,

Appellant filed a Motion for Interlocutory Appeal. On December 13, 2023,

Appellant filed a second Motion for Interlocutory Appeal that the trial court

deemed moot. On December 18, 2023, Appellant filed a Motion for Appeal, which

was granted.

MOTION TO DISMISS

On August 26, 2024, Appellant filed a Motion to Dismiss without Prejudice.

“An appeal can be dismissed at any time by consent of all parties.” La. C.C.P. art.

2162. Appellant’s Motion to Dismiss states that the motion is unopposed. Further,

no appellee brief was filed in this matter. Accordingly, Appellant’s Motion to

Dismiss is granted and the appeal is dismissed.

2 DECREE

For the above-mentioned reasons, the appeal is dismissed.

APPEAL DISMISSED