Opinion
NO. 2014 CW 1727
03-09-2015
SIMONNE L. ST. PE v. LOUISIANA STATE BOARD OF NURSING
In Re: Louisiana State Board of Nursing, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 631,837. BEFORE: GUIDRY, WELCH AND THERIOT, JJ.
WRIT GRANTED. After a de novo review, we find that the current action asserts a cause of action that arises out of the transaction or occurrence that was the subject matter of the May 7, 2004 Consent Order between relator-defendant, the Louisiana State Board of Nursing, and respondent-plaintiff, Simonne L. St. Pe. While res judicata is ordinarily premised on a final judgment on the merits, a valid compromise may form the basis of a plea of res judicata. Ortego v. State, Department of Transportation and Development, 96-1322 (La. 2/25/97), 689 So.2d 1358, 1363, 1364. Moreover, the doctrine of res judicata applies to agency determinations when the agency has acted in an official, or quasi-official capacity and where the parties have been given proper notice and ample opportunity to be heard. Gulf States Utilities Co. v. Louisiana Public Service Commission, 633 So.2d 1258, 1267 (La. 3/17/94). Accordingly, the November 26, 2014 ruling of the lower court denying the peremptory exception of res judicata filed by the Louisiana State Board of Nursing is reversed. Judgment is entered granting the Louisiana State Board of Nursing's peremptory exception of res judicata and dismissing plaintiff's claims with prejudice.
JMG
JEW
MRT
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT