Lori Franks, Individually and as Tutrix of her minor children, A.F. and C.F. v. The Louisiana Patients' Compensation Fund Oversight Board, Charlotte A. Hollman, M.D., and Deborah Kay Gahagan

• Court: Louisiana Court of Appeal
• Decided: November 15, 2019
• Docket: 2018CW1693
• Status: Unknown

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL

FIRST CIRCUIT

2018 CW 1693

LORI FRANKS, INDIVIDUALLY AND AS TUTRIX OF HER CHILDREN, A.F. AND C. F.

VERSUS

THE LOUISIANA PATIENTS' COMPENSATION FUND OVERSIGHT BOARD, CHARLOTTE A. HOLLMAN, M.D., AND DEBORAH KAY GAHAGAN

Judgment Rendered: NOV 1 5 2019

APPEALED FROM THE NINETEENTH JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF EAST BATON ROUGE STATE OF LOUISIANA DOCKET NUMBER 641926, SECTION 27

HONORABLE TODD HERNANDEZ, JUDGE

Robert J. David Attorneys for Plaintiffs/ Appellees M. Palmer Lambert Lori Franks, individually and as tutrix Rachel M. Naquin of her minor children, A.F. and C. F. New Orleans, Louisiana

Vance A. Gibbs Attorneys for Defendants/ Appellants Randal R. Cangelosi Charlotte A. Hollman, M.D. and Jason R. Cashio Deborah Kay Gahagan Deborah J Juneau Baton Rouge, Louisiana

BEFORE: WDONALD, THERIOT, and CHUTZ, JJ. McDonald, J.

This is an appeal by the defendants in this case, Charlotte A. Hollman, M.D.,

and a nurse practitioner, Deborah Kay Gahagan, from a trial court judgment

denying their exception of prescription. On December 12, 2018, this court, ex

proprio motu, issued a rule to show cause whether the appeal should be dismissed,

noting that it was unclear whether the August 16, 2018 judgment was a final,

appealable judgment. The rule to show cause was thereafter referred to this panel.

Franks v. The La. Patients' Comp. Fund Oversight Bd., 2018- 1693 ( La. App. 1

Cir. 2/ 8/ 19) ( unpublished).

The trial court judgment denying the defendants' exception of prescription is

an interlocutory judgment not subject to appeal. See La. C. C. P. arts. 1841 and

2083( C). However, the matter is reviewable under this court' s supervisory

jurisdiction. The motion for appeal was filed within 30 days of the notice of the

August 16, 2018 judgment, which is the delay provided for seeking supervisory

writs. See Uniform Rules, Courts of Appeal, Rule 4- 3. Accordingly, in the interest

of judicial economy, this appeal has been converted to a writ application bearing

number 2018 CW 1693. See KAS Properties, LLC v. Louisiana Bd. of

Supervisors for Louisiana State Univ., 2014- 0566 ( La. App. 1 Cir. 4/ 21/ 15), 167

So. 3d 1007, 1010.

After review, the writ is denied.

APPEAL CONVERTED TO WRIT APPLICATION; WRIT DENIED.