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DeHart v. Jones

Court of Appeals of Louisiana, Third Circuit

March 27, 2019

ALLEN DEHART, ET AL.
v.
BRUCE A. JONES, M.D., ET AL.

          APPEAL 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.

          Alan K. Breaud Breaud & Meyers COUNSEL FOR: Defendant/Appellee - Bruce A. Jones, M.D.

          James Calvin Young Law Offices of Sheryl Story S. Micholle Mordock One Galleria Boulevard - COUNSEL FOR: Defendant/Appellee - Christopher Dunn

          Samuel 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

          Court composed of Ulysses Gene Thibodeaux, Chief Judge, Billy Howard Ezell, and John E. Conery, Judges.

          ULYSSES GENE THIBODEAUX CHIEF JUDGE

         Plaintiffs 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.

         I.

         ISSUES

         Plaintiffs 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 ...

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