Douglas Robins v. Mohammad Zohair Pirzadah, M.D. ( 2021 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
DOUGLAS ROBINS, ET AL NO. 2021 CW 1274
VERSUS PAGE 1 OF 2
MOHAMMAD ZOHAIR PIRZADAH, M. D.,
ET AL
CONSOLIDATED WITH
DOUGLAS ROBINS AND KATHERINE
ROBINS
VERSUS
DECEMBER 20 , 2021
MOHAMMAD ZOHAIR PIRZADAH, M. D.,
AND CHARLES LANE PEARSON, JR.,
M. D.
In Re: Douglas Robins and Katherine Robins, applying for
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, Nos. 642149 c/ w 698066.
BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.
WRIT GRANTED. The trial court' s August 26, 2021 ruling
which disqualified John L. Hammons from serving as counsel
herein is reversed. The burden of proving disqualification of an
attorney or other officer of the court rests on the party making
the challenge. Succession of Armand, 2019- 751 ( La. App. 3rd Cir.
2/ 27/ 20), 297 So. 3d 37, 40, citing Walker v. State, Dept of
Transp. and Development, 2001- 2078, 2001- 2079 ( La. 5/ 14/ 02), 817
So. 2d 57, 60. When a party raises an exception or motion that
must be proven, it
party' s is that burden to present evidence
establishing the claims made therein. Landis Construction Co.,
LLC v. State of Louisiana, 2015- 1167 ( La. App. 1st Cir.
2/ 29/ 16), 199 So. 3d 1, 2. Here, although the parties attached
documents to their motions, these documents were never formally
introduced. Evidence not
properly and officially offered and
introduced cannot be considered, even if it is physically placed
in the record. Denoux v. Vessel Management Services, Inc., 2007-
2143 ( La. 5/ 21/ 08), 983 So. 2d 84, 88. Appellate courts are
courts of record and may not review evidence that is not in the
appellate record, or receive new evidence. Id. Defendants,
Mohammad Zohair Pirzadah, M. D. and Charles Lane Pearson, Jr.,
M. D., failed to meet their burden of proof, and therefore, we
find the trial court erred in granting the motion. The motion to
disqualify counsel is denied.
PMC
JEW
Theriot, J., concurs. A lawyer is not likely to be a
necessary witness when evidence pertaining to each matter to
which he could testify is available from another source. See
Horaist v. Doctor' s Hospital of Opelousas, 255 F. 3d 261, 267
5th Cir. 2001). I find that based on the documents presented
and arguments asserted, defendants, Mohammad Zohair Pirzadah,
M. D. and Charles Lane Pearson, Jr., M. D., will be able to
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
NO. 2021 CW 1274
PAGE 2 OF 2
support their defense against this nullity action using sources
other than Mr. Hammons' testimony. Therefore, I concur in
granting the writ and reversing the trial court' s August 25,
2021 ruling which disqualified John L. Hammons from serving as
counsel.
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT