Opinion
NO. 2018 CW 1521
02-11-2019
NORMAN PAUL TRAHAN, SR., INDIVIDUALLY, AND AS A PERSONAL REPRESENTATIVE ON BEHALF OF THE ESTATE OF KATHY ELIZABETH TRAHAN v. LEONARD J. CHABERT MEDICAL CENTER L/B/N SOUTHERN REGIONAL MEDICAL CORPORATION CHABERT OPERATIONAL MANAGEMENT COMPANY, LLC, OCHSNER CLINIC FOUNDATION, DR. JOHN F. ENGLE, GRACE NAQUIN, ELIZABETH ROBICHAUX, MICHELLE LANDRY DUPRE, CLAIRE TRICHE-TABOR, STEPHEN J. FOURNIER, BLAINE COTTON, TONYA K. LEBOUEF, SHALETHA WILLIAMS, DR. GEORGE D. GROVE, DR. LEE ARCEMENT, AND XXX INSURANCE COMPANY AND/OR COMPANIES
In Re: Norman Paul Trahan, Sr., individually, and as a personal representative on behalf of The Estate of Kathy Elizabeth Trahan, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 182841. BEFORE: McCLENDON, HIGGINBOTHAM, AND CRAIN, JJ.
WRIT GRANTED WITH ORDER. The portion of the district court's September 24, 2018 judgment which revoked the pauper status of plaintiff, Norman Paul Trahan, Sr., is reversed. The trial court abused its discretion in revoking plaintiff's pauper status based upon the ruling on defendants' exceptions, not upon plaintiff's entitlement to such status because of his poverty and lack of means.
The district court's September 24, 2018 judgment appears to be a final, appealable judgment. See La. Code Civ. P. art. 1915(A). Thus, the writ application is granted for the limited purpose of remanding this matter to the district court with instructions to grant an appeal to plaintiff, Norman Paul Trahan, Sr., pursuant to the September 25, 2018 Notice of Intention to Seek Supervisory Writs. See In Re Howard, 541 So.2d 195 (La. 1989) (per curiam). Additionally, a copy of this court's order is to be included in the appellate record.
TMH
WJC
PMc
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT