Opinion
CA 11-921
09-14-2011
BEVERLY A. LEBOUEF v. DR. JOSEPH O'DONNELL, ET AL.
Richard B. Cappel Raggio, Cappel, Chozen & Berniard COUNSEL FOR DEFENDANT/APPELLANT: Dr. Joseph O'Donnell John Gregory Bergstedt Attorney at Law COUNSEL FOR DEFENDANTS/APPELLEES: Louisiana Medical Mutual Insurance Company Dr. Rachel Chua Randall Earl Hart Attorney at Law COUNSEL FOR PLAINTIFF/APPELLEE: Beverly LeBouef
NOT DESIGNATED FOR PUBLICATION
APPEAL FROM THE
FOURTEENTH JUDICIAL DISTRICT COURT
PARISH OF CALCASIEU, NO. 2008-3946
HONORABLE CLAYTON DAVIS, DISTRICT JUDGE
MARC T. AMY
JUDGE
Court composed of Sylvia R. Cooks, Jimmie C. Peters, and Marc T. Amy, Judges.
REMANDED.
Richard B. Cappel
Raggio, Cappel, Chozen & Berniard
COUNSEL FOR DEFENDANT/APPELLANT:
Dr. Joseph O'Donnell
John Gregory Bergstedt
Attorney at Law
COUNSEL FOR DEFENDANTS/APPELLEES:
Louisiana Medical Mutual Insurance Company
Dr. Rachel Chua
Randall Earl Hart
Attorney at Law
COUNSEL FOR PLAINTIFF/APPELLEE:
Beverly LeBouef
AMY , Judge.
The defendant-appellant, Dr. Joseph O'Donnell, has filed a peremptory exception of prescription in this court. The plaintiff-appellee, Beverly LeBouef, has filed a Motion for Remand on Defendant's Peremptory Exception of Prescription. We hereby remand this appeal.
Louisiana Code of Civil Procedure Article 2163 states:
The appellate court may consider the peremptory exception filed for the first time in that court, if pleaded prior to a submission of the case for a decision, and if proof of the ground of the exception appears of record.
If the ground for the peremptory exception pleaded in the appellate court is prescription, the plaintiff may demand that the case be remanded to the trial court for trial of the exception.
Pursuant to the second paragraph of Article 2163, the plaintiff has demanded that this case be remanded to the trial court for a trial of the exception of prescription. Therefore, we hereby remand this matter to the trial court for an adjudication of the exception of prescription.
REMANDED.
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION.
Rule 2-16.3 Uniform Rules, Court of Appeal.