Opinion
NO. 2017 CW 0273
04-18-2017
DONNA VICKNAIR, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF VERNA M. USKY v. OUR LADY OF THE LAKE HOSPITAL, INC. D/B/A LAKE SENIOR CARE CENTER, SANDRA GLENN, FNP-C, WILLIAM PATRICK GAHAN, M.D. AND H&E HEALTHCARE, LLC D/B/A FLANNERY OAKS GUEST HOUSE
In Re: Donna Vicknair, Individually and on Behalf of the Estate of Verna M. Usky, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 645779. BEFORE: PETTIGREW, McDONALD AND PENZATO, JJ.
WRIT GRANTED WITH ORDER. The district court's January 27, 2017 judgment which granted the motion for summary judgment filed by defendants, Our Lady of the Lake Hospital, Inc. d/b/a Lake Senior Care Center and Sandra Glenn, FNP-C, and dismissed these defendants with prejudice is a final, appealable judgment. See La. Code Civ. P. art. 1915(A)(1) and (3). Thus, the writ application is granted for the limited purpose of remanding this matter to the district court with instructions to grant an appeal to plaintiff, Donna Vicknair, Individually and on Behalf of the Estate of Verna M. Usky, pursuant to the February 27, 2017 Notice of Intent to Apply for Supervisory Writs. See In Re Howard, 541 So.2d 195 (La. 1989) (per curiam). Additionally, a copy of this Court's order is to be included in the appellate record.
JMM
AHP
JTP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT