Opinion
24-C-581
12-06-2024
KATHRYN STEELE AND STEELE STRATEGIES, INC. v. MICHAEL D. KOTLER, PELICAN STATE INDUSTRIAL MEDICINE, INC., MCM MEDCLINIC MANAGEMENT, LLC AND ELITE HEALTHCARE, LLC
IN RE MICHAEL KOTLER, MD, PELICAN STATE INDUSTRIAL MEDICINE, INC., MCM MEDCLINIC MANAGEMENT, LLC AND ELITE HEALTHCARE, LLC
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE ELLEN SHIRER KOVACH, DIVISION "K", NUMBER 838-907
Panel composed of Judges Susan M. Chehardy, Jude G. Gravois, and Scott U.Schlegel
WRIT DISMISSED
Relators, third party plaintiffs Michael D. Kotler, Pelican State Industrial Medicine, Inc., MCM Medicine Management, LLC, and Elite Healthcare, L.L.C., seek this Court's supervisory review of the trial court's judgment of November 21, 2024, which granted the peremptory exception of no cause of action filed by third party defendants Brandon Robbins and Shannon Robbins-Davidoff, dismissing the third party demand against them and disposing of all claims against them.
Upon review, we find that the judgment complained of is a final judgment as per La. C.C.P. art. 1915(A)(1), which provides:
A. A final judgment may be rendered and signed by the court, even though it may not grant the successful party or parties all of the relief prayed for, or may not adjudicate all of the issues in the case, when the court:
(1) Dismisses the suit as to less than all of the parties, defendants, third party plaintiffs, third party defendants, or intervenors.
Thus, this Court does not have supervisory jurisdiction to review this final judgment. Relators may seek appellate review of this judgment by timely filing a motion for an appeal in the district court as per La. C.C.P. art. 2121.
Accordingly, this writ application is dismissed.
JGG
SMC
SUS