Lori Franks, Individually and as Tutrix of her minor children, A.F. and C.F. v. The Louisiana Patients' Compensation Fund Oversight Board, Charlotte A. Hollman, M.D., and Deborah Kay Gahagan ( 2019 )

NOT DESIGNATED FOR PUBLICATION
STATE OF LOUISIANA
COURT OF APPEAL
FIRST CIRCUIT
2018 CW 1693
LORI FRANKS, INDIVIDUALLY AND AS TUTRIX OF
HER CHILDREN, A.F. AND C. F.
VERSUS
THE LOUISIANA PATIENTS' COMPENSATION FUND
OVERSIGHT BOARD, CHARLOTTE A. HOLLMAN, M.D.,
AND DEBORAH KAY GAHAGAN
Judgment Rendered: NOV 1 5 2019
APPEALED FROM THE NINETEENTH JUDICIAL DISTRICT COURT
IN AND FOR THE PARISH OF EAST BATON ROUGE
STATE OF LOUISIANA
DOCKET NUMBER 641926, SECTION 27
HONORABLE TODD HERNANDEZ, JUDGE
Robert J. David Attorneys for Plaintiffs/ Appellees
M. Palmer Lambert Lori Franks, individually and as tutrix
Rachel M. Naquin of her minor children, A.F. and C. F.
New Orleans, Louisiana
Vance A. Gibbs Attorneys for Defendants/ Appellants
Randal R. Cangelosi Charlotte A. Hollman, M.D. and
Jason R. Cashio Deborah Kay Gahagan
Deborah J Juneau
Baton Rouge, Louisiana
BEFORE: WDONALD, THERIOT, and CHUTZ, JJ.
McDonald, J.
This is an appeal by the defendants in this case, Charlotte A. Hollman, M.D.,
and a nurse practitioner, Deborah Kay Gahagan, from a trial court judgment
denying their exception of prescription. On December 12, 2018, this court, ex
proprio motu, issued a rule to show cause whether the appeal should be dismissed,
noting that it was unclear whether the August 16, 2018 judgment was a final,
appealable judgment. The rule to show cause was thereafter referred to this panel.
Franks v. The La. Patients' Comp. Fund Oversight Bd., 2018- 1693 ( La. App. 1
Cir. 2/ 8/ 19) ( unpublished).
The trial court judgment denying the defendants' exception of prescription is
an interlocutory judgment not subject to appeal. See La. C. C. P. arts. 1841 and
2083( C). However, the matter is reviewable under this court' s supervisory
jurisdiction. The motion for appeal was filed within 30 days of the notice of the
August 16, 2018 judgment, which is the delay provided for seeking supervisory
writs. See Uniform Rules, Courts of Appeal, Rule 4- 3. Accordingly, in the interest
of judicial economy, this appeal has been converted to a writ application bearing
number 2018 CW 1693. See KAS Properties, LLC v. Louisiana Bd. of
Supervisors for Louisiana State Univ., 2014- 0566 ( La. App. 1 Cir. 4/ 21/ 15), 167
So. 3d 1007, 1010.
After review, the writ is denied.
APPEAL CONVERTED TO WRIT APPLICATION; WRIT DENIED.
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