Opinion
NO. 2019 CW 0487
08-05-2019
EDDIE LEE, AS THE SURVIVING SPOUSE OF THE DECEASED, KATIE KALISHA LEE, AND BERTIE WEARY, SHARON WEARY, SANDRA R. WEARY, GIOVANNI LEE, AND LEON LEE, JR., AS THE SURVIVING CHILDREN OF THE DECEASED, KATIE KALISHA LEE v. RAVI KANAGALA, MD, MARILYN E. PELIAS, MD, AND LAKEVIEW MEDICAL CENTER, LLC D/B/A LAKEVIEW REGIONAL MEDICAL CENTER
In Re: Marilyn E. Pelias, M.D., applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2013-15445. BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.
WRIT NOT CONSIDERED. Relator has failed to comply with Rule 4-5(C)(8), Uniform Rules of Louisiana Courts of Appeal, in that the writ application does not contain a copy of the pleading on which the ruling was founded, i.e., the exception of prescription. Further, this writ application does not contain a copy of any opposition and any attachments thereto filed by respondent in the trial court, or a statement by relator that no opposing documentation was filed as required by Rule 4-5(C)(9) of the Uniform Rules of Louisiana Courts of Appeal. Additionally, the writ application does not contain a copy of the pertinent court minutes as required by Rule 4-5(C)(10) of the Uniform Rules of Louisiana Courts of Appeal. This court is unable to address the merits of relator's writ application because it cannot be determined what, if any, evidence was admitted at the hearing.
Supplementation of this writ application and/or an application for rehearing will not be considered. Uniform Rules of Louisiana Courts of Appeal, Rules 4-9 and 2-18.7. In the event relator seeks to file a new application with this court, it must contain all pertinent documentation and must comply with Rule 2-12.2 of the Uniform Rules of Louisiana Courts of Appeal. Any new application must be filed on or before August 19, 2019, and must contain a copy of this ruling.
JMM
MRT
WRC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT