Rose Cali VS Hospital Service District No. 1 of Tangipahoa Parish d/b/a North Oaks Medical Center and/or North Oaks Rehabilitation Hospital, LLC
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2021 CA 0441 ROSE CALI VERSUS HOSPITAL SERVICE DISTRICT NO. 1 OF TANGIPAHOA PARISH D/ B/A NORTH OAKS MEDICAL CENTER AND/ OR NORTH OAKS REHABILITATION HOSPITAL, LLC Judgment Rendered: DEC 2 2 2021 Appealed from the 21st Judicial District Court In and for the Parish of Tangipahoa State of Louisiana Case No. 2019- 0001094 The Honorable Brenda Bedsole Ricks, Judge Presiding Brian Marcelle Counsel for Plaintiff/Appellee New Orleans, LA Rose Cali Craig J. Robichaux Jocelyn R. Guidry Counsel for Defendant/Appellant Hospital Service District No. 1 of Cameron D. Robichaux Tangipahoa Parish, d/ b/ a North Oaks Mandeville, LA Health System and/ or North Oaks Rehabilitation Center, North Oaks Medical Center, North Oaks Rehabilitation Hospital, LLC BEFORE: LANIER, WOLFE, AND BURRIS,' JJ. 1 The Honorable William J. Burris, retired, is serving pro tempore by special appointment of the Louisiana Supreme Court. LANIER, J. This matter is before us on appeal by the defendant, Hospital Service District No. 1 of Tangipahoa, d/b/ a North Oaks Medical Center and/ or North Oaks Rehabilitation Hospital, LLC ( North Oaks), from the granting of a motion for partial summary judgment in favor of the plaintiff, Rose Cali, by the 21" Judicial District Court.2 In addition to the instant appeal, North Oaks filed an application for a supervisory writ of the same judgment that is the subject of this appeal, which was signed by the district court on September 21, 2020. On January 26, 2021, this court granted the writ and reversed the September 21, 2020 judgment, finding the existence of a genuine issue of material fact. District # Oaks See Rose Cali v. Hospital Service 1 of Tangipahoa Parish d/b/ a North Oaks Medical Center and/or North Rehabilitation unpublished writ judgment moot. Hospital, action). LLC, 2020- 1084 ( La. App. 1 Cir. 1/ 26/ 21) The writ action rendered this appeal of the same Consequently, this appeal is dismissed. See Felder v. Political Firm, L.L. C., 2014- 1266 ( La. App. 1 Cir. 4/ 24/ 15), 170 So. 3d 1022, 1027. We issue this summary opinion pursuant to Uniform Rules -Courts of Appeal, Rule 216. 2( A)( 1) and ( 3). 3 APPEAL DISMISSED. 2 Since this is a summary opinion in which we are dismissing the appeal, the merits of the case and the underlying facts will not be addressed. 3 North Oaks also raises on appeal the issue of whether the district court' s dismissal of the order of appeal was proper. North Oaks filed an application for a supervisory writ with respect to that matter. This court denied that writ as moot due to our previous writ ruling of January 26, 2021, in which we reversed the district court' s partial summary judgment. See Rose Cali v. Hospital Service District No. I of Tangipahoa Parish d/b/ a North Oaks Medical Center and/or North Oaks Rehabilitation Hospital, LLC, 2021- 0025 ( La. App. 1 Cir. 4/ 22/ 21), 2021 WL 1575814 unpublished writ action). Additionally, this court issued a rule to show cause order as to whether the judgment on appeal is deficient in its decretal language, which was referred to this panel for consideration. Rose Cali v. Hospital Service District No. 1 of Tangipahoa Parish dB/ a North Oaks Medical Center and/or North Oaks Rehabilitation Hospital, LLC, 2021- 0441 ( La. App. 1 Cir. 7/ 19/ 21) ( unpublished order). Based on our ruling today, the two aforementioned matters are moot and need not be addressed. 2
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