Opinion
NO. 2013 CW 1909
01-16-2014
ST. JAMES BEHAVIORAL HEALTH HOSPITAL, INC. v. GOPINATH GOPALAM, APOLLO MANAGEMENT CONSULTANTS, L.L.C., AND SEVENHILLS HEALTHCARE, L.L.C.
In Re: Gopinath Gopalam, Apollo Management Consultants, LLC and Sevenhills, Healthcare, LLC, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 103,146.
BEFORE: PETTIGREW, McDONALD AND McCLENDON, JJ.
WRIT DENIED. The Louisiana Supreme Court set forth the criteria for the exercise of supervisory jurisdiction by an appellate court in Herlitz Constr. Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981). Insofar as the criteria of Herlitz are not met in this case, this Court declines to exercise its supervisory jurisdiction.
JTP
JMM
McClendon, J. dissents and would grant the writ and remand to the trial court with instructions to hold a contradictory hearing. See La. Code Evid. Art. 508. COURT OF APPEAL, FIRST CIRCUIT __________________________
DEPUTY CLERK OF COURT
FOR THE COURT