ALLEN DEHART, ET AL.
BRUCE A. JONES, M.D., ET AL.
FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF
LAFAYETTE, NO. 2012-3593, DIVISION "I" HONORABLE
THOMAS R. DUPLANTIER, DISTRICT JUDGE
Michael Wayne Adley Marc W. Judice Judice and Adley COUNSEL
FOR: Defendant/Appellee - Todd C. Ackal, M.D.
K. Breaud Breaud & Meyers COUNSEL FOR: Defendant/Appellee
- Bruce A. Jones, M.D.
Calvin Young Law Offices of Sheryl Story S. Micholle Mordock
One Galleria Boulevard - COUNSEL FOR: Defendant/Appellee -
David Abraham COUNSEL FOR: Plaintiffs/Appellants - Allen
DeHart, Adrienne DeHart, Ashley DeHart, and Anissa DeHart
Nicholas Gachassin, III Brandon M. Rhodes Julie Savoy
Gachassin Law Firm COUNSEL FOR: Defendants/Appellees -
Lafayette General Medical Center and Amy Falconer
composed of Ulysses Gene Thibodeaux, Chief Judge, Billy
Howard Ezell, and John E. Conery, Judges.
ULYSSES GENE THIBODEAUX CHIEF JUDGE
Allen, Adrienne, Ashley, and Anissa DeHart appeal from the
judgment of the trial court granting Lafayette General
Medical Center's (LGMC) and Amy Falconer's motions
for partial summary judgment, which dismissed both defendants
in the underlying civil action. Because Plaintiffs were not
served with notice of the hearing date thirty days prior to
the hearing as mandated by La.Code Civ.P. art. 966(C)(1)(b),
we vacate the judgment of the trial court granting LGMC's
and Ms. Falconer's motions for partial summary judgment.
In light of the procedural defect, we further grant
Plaintiffs' motion to strike, without prejudice, both
partial summary judgment motions and remand this matter to
the trial court.
raise the following issues for review:
(1) whether Louisiana Code of Civil Procedure, Art. 966 C.
(1) (b) precluded the trial court from hearing Motions for
Partial Summary Judgment on June 18th, 2018, or
continuing the hearing until June 27th, 2018
giving 9 days actual notice of the hearing;
(2) whether the trial court erred in not allowing into
evidence filings by Plaintiffs/Appellants in support of the
Oppositions to the ...