Lorraine Lacroix v. Charles T. Coleman, DDS, Charles T. Coleman, DMD, A Professional Dental Corporation and ABC Insurance Company ( 2020 )


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  •                                  STATE OF LOUISIANA
    COURT OF APPEAL, FIRST CIRCUIT
    LORRAINE           LACROIX                                                                        NO.          2020       CW    0606
    VERSUS                                                                                            CONSOLIDATED                  WITH
    DR.    CHARLES            T.     COLEMAN,         DDS,                                            NO.          2020       CW    0607
    CHARLES        T.        COLEMAN,          DMD,       A
    PROFESSIONAL               DENTAL
    CORPORTAION,               AND       ABC
    SEPTEMBER                03,        2020
    INSURANCE            COMPANY
    In    Re:            Charles              T.      Coleman,                DMD,         A         Professional                   Dental
    Corporation               and        Charles          T.     Coleman.,            DDS,         applying          for
    writs,             19th         Judicial               District               Court,
    supervisory
    Parish          of    East       Baton      Rouge,          No.       657418.
    BEFORE:              McDONALD,             THERIOT,            AND    CHUTZ,          JJ.
    WRIT             GRANTED          WITH        ORDER.              The     district               court'      s    March        5,
    2020        judgment            is    a    final,          appealable                judgment.                See        Pertuit       v.
    LeBlanc,             
    216 So. 2d 863
    ,        865 (       La.        App.          2d       Cir.        1968);           and
    Williams     Wendy' s Old Fashioned Hamburgers,
    v.                           Inc.,  
    503 So. 2d 137
     ( La. App.  5th  Cir. 1987).  Thus, the writ   application   is
    granted for the limited purpose of remanding this matter to the
    district            court        with      instructions                to       grant       appeals            to    defendants,
    Charles             T.         Coleman,           DDS          and        Charles           T.         Coleman,                DMD,     A
    Professional                   Dental          Corporation,                 pursuant              to      the        notices           of
    intent         to        seek        supervisory               writs        tiled          on     March         19,       2020        and
    March        16,         2020,       respectively.                    See       In    Re    Howard,            
    541 So. 2d 195
    La.        1989) (       per        curiam).             In    the       event      defendants                seek       to    appeal
    the     district               court'      s   judgment,              they        shall          submit         an       order        for
    appeal         to        the     trial         court           within           thirty      days          of    this           court'       s
    order.              Additionally,                 a       copy       of     this       court'        s    order           is     to    be
    included            in    the     appellate               record.
    JMM
    WRC
    Theriot,               J.,     dissents            and would deny the writ.
    COURT        OF     APPEAL,           FIRST       CIRCUIT
    DEPUTY            ULERK       OF    COURT
    FOR     THE        COURT
    

Document Info

Docket Number: 2020CW0606, 2020CW0607

Filed Date: 9/3/2020

Precedential Status: Precedential

Modified Date: 10/22/2024