Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Medical Review Panel of Hurst

Court of Appeals of Louisiana, Fourth Circuit

May 3, 2017

IN RE: MEDICAL REVIEW PANEL OF MARIO HURST

         APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2015-08161, DIVISION "L-6" Honorable Kern A. Reese, Judge

          Mario Hurst PLAINTIFF/APPELLANT/IN PROPER PERSON.

          Jeff Landry, Attorney General J. Marc Vezina, Special Assistant Attorney General Kelli M. Khalaf, Special Assistant Attorney General VEZINA AND GATTUSO, L.L.C. COUNSEL FOR DEFENDANT/APPELLEE.

          Court composed of Chief Judge James F. McKay, III, Judge Terri F. Love, Judge Sandra Cabrina Jenkins.

          SANDRA CABRINA JENKINS JUDGE.

         In this medical malpractice action, Mario Hurst appeals the trial court's July 1, 2016 judgment granting the Exception of Prescription filed by appellees, the State of Louisiana and Dr. Heather Murphy Lavoie. For the reasons that follow, we affirm the trial court's judgment.

         JURISDICTION

         "Before considering the merits in any appeal, appellate courts have the duty to determine sua sponte whether subject matter jurisdiction exists, even when the parties do not raise the issue." Moon v. City of New Orleans, 15-1092, 15-1093, p. 5 (La.App. 4 Cir. 3/16/16), 190 So.3d 422, 425. This court "cannot reach the merits of an appeal unless our appellate jurisdiction has been properly invoked by a valid final judgment." Id. A valid final judgment is "one that determines the merits in whole or in part and is identified as such by appropriate language." Id., 15-1092, pp. 5-6, 190 So.3d at 425 (citing La. C.C.P. arts. 1841, 1918). "'A final appealable judgment must contain decretal language, and it must name the party in favor of whom the ruling is ordered, the party against whom the ruling is ordered, and the relief that is granted or denied.'" Id., 15-1092, p. 6, 190 So.3d at 425 (quoting Mid City Holdings, 14-0506, pp. 2-3 (La.App. 4 Cir. 10/15/14), 151 So.3d 908, 910). "The result decreed must be spelled out in lucid, unmistakable language. The quality of definiteness is essential to a proper judgment." Id. "The specific relief granted should be determinable from the judgment without reference to an extrinsic source such as pleadings or reasons for judgment." Id.

         In this matter, the July 1, 2016 judgment from which Mr. Hurst appeals states as follows:

This matter came for hearing on Defendants' Exception of Prescription on the 1st day of July, 2016.
PRESENT: Kelli M. Khalaf, Attorney for Defendants, State of Louisiana, Louisiana State University Health Sciences Center and Dr. Heather Murphy Lavoie
Mario Hurst, Plaintiff, in proper person
After hearing the pleadings, evidence, applicable law, and argument of counsel, the Court granted the Defendants' Exception of Prescription for the reasons orally assigned, and accordingly,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendants' Exception of Prescription is hereby granted.

         We find that this judgment lacks definitive decretal language necessary for the exercise of our appellate jurisdiction. We cannot determine from the face of the judgment whether the granting of the Exception of Prescription results in the dismissal of all or some of Mr. Hurst's claims. Although reference to the transcript suggests that the trial court intended to dismiss Mr. Hurst's case, such relief was not granted in the written judgment. In the absence of decretal language specifying the relief granted, the July 1, 2016 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.