Opinion
2022 CW 1087
01-03-2023
JUNE MEDICAL SERVICES, LLC D/B/A HOPE MEDICAL GROUP FOR WOMEN, KATHALEEN PITTMAN, MEDICAL STUDENTS FOR CHOICE, ON BEHALF OF ITSELF AND ITS MEMBERS, AND CLARISSA HOFF, M. D. v. JEFF LANDRY, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF LOUISIANA, AND COURTNEY N. PHILLIPS, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE LOUISIANA DEPARTMENT OF HEALTH
In Re: Attorney General Jeff Landry and Secretary Courtney N. Phillips of the Louisiana Department of Health, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 720988.
BEFORE: WELCH, PENZATO, AND LANIER, JJ.
WRIT GRANTED. The trial court's September 21, 2022 judgment which granted plaintiffs' exceptions and dismissed defendants' reconventional demand is vacated. This matter is currently on appeal from the grant of a preliminary injunction. La. Code Civ. P. art. 2088 provides that the jurisdiction of the trial court over all matters in the case reviewable under the appeal is divested, and that of the appellate court attaches, on the granting of the order of appeal, and thereafter, the trial court has jurisdiction in the case only over those matters not reviewable under the appeal, subject to certain exceptions inapplicable herein. Matters "not reviewable under the appeal," have generally been interpreted to give the trial court continuing jurisdiction over all issues that are unaffected by the appeal. Succession of Smith v. Portie, 2019-409 (La.App. 3d Cir. 12/30/19), 288 So.3d 187, 191; Bernhard MCC, LLC v. Zeringue, 2018-30 (La.App. 5th Cir. 5/30/18), 250 So.3d 342. We find that the matters reviewable under the appeal of the grant of the preliminary injunction encompass issues common to both the grant of the preliminary injunction and the claims set forth in the reconventional demand. Accordingly, we find that the trial court erred in ruling on exceptions directed to the reconventional demand during the pendency of the appeal. The trial court lacks jurisdiction to rule on such matter while the appeal remains pending.
JEW
AHP
WIL