Opinion
NO. 2018 CW 0303
06-27-2018
IN RE: MEDICAL REVIEW PANEL RE: THOMAS SMITH, SR. v. DR. DAVID C. PELLEGRIN, ET AL
In Re: Thomas J. Smith, Jr. through Tutrix Carolyn Smith, et al., applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 179376. BEFORE: PETTI GREW, HIGGINBOTHAM AND CRAIN, JJ.
WRIT GRANTED IN PART WITH ORDER AND DENIED IN PART. The district court's judgment dated December 21, 2017, granting Hospital Service District No. 1 of the Parish of Terrebonne, State of Louisiana, operating as Terrebonne General Medical Center and its employees' (specifically including Benjamin Landry, RN) Motion to Dismiss and dismissing all claims of Carolyn S. Smith, individually and on behalf of Thomas Smith, Jr., is a final, appealable judgment. The district court's judgment dated December 21, 2017, granting Richard M. Dearman, M.D.'s Peremptory Exception of No Right of Action and dismissing all claims of Carolyn S. Smith, individually and on behalf of Thomas Smith, Jr., is also a final, appealable judgment. Therefore, it is hereby ordered that this case be remanded to the district court with instruction to grant Carolyn S. Smith, individually and on behalf of Thomas Smith, Jr., an appeal of those rulings pursuant to the January 9, 2018, pleading notifying the district court of the relator's intention to seek writs. See In re Howard, 541 So.2d 195 (La. 1989) (per curiam). A copy of this court's action is to be included in the appellate record. The writ is denied as to the request of Carolyn S. Smith, individually and on behalf of Thomas Smith, Jr., to proceed in forma pauperis.
JTP
TMH
Crain, J., dissents and would not consider the writ application. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT