Lori Franks, Individually and as Tutrix of her minor children, A.F. and C.F. VS The Louisiana Patients' Compensation Fund Oversight Board, Charlotte A. Hollman, M.D., and Deborah Kay Gahagan
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2018 CW 1693 LORI FRANKS, INDIVIDUALLY AND AS TUTRIX OF HER CHILDREN, A.F. AND C. F. VERSUS THE LOUISIANA PATIENTS' COMPENSATION FUND OVERSIGHT BOARD, CHARLOTTE A. HOLLMAN, M.D., AND DEBORAH KAY GAHAGAN Judgment Rendered: NOV 1 5 2019 APPEALED FROM THE NINETEENTH JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF EAST BATON ROUGE STATE OF LOUISIANA DOCKET NUMBER 641926, SECTION 27 HONORABLE TODD HERNANDEZ, JUDGE Robert J. David Attorneys for Plaintiffs/ Appellees M. Palmer Lambert Lori Franks, individually and as tutrix Rachel M. Naquin of her minor children, A.F. and C. F. New Orleans, Louisiana Vance A. Gibbs Attorneys for Defendants/ Appellants Randal R. Cangelosi Charlotte A. Hollman, M.D. and Jason R. Cashio Deborah Kay Gahagan Deborah J Juneau Baton Rouge, Louisiana BEFORE: WDONALD, THERIOT, and CHUTZ, JJ. McDonald, J. This is an appeal by the defendants in this case, Charlotte A. Hollman, M.D., and a nurse practitioner, Deborah Kay Gahagan, from a trial court judgment On December 12, 2018, this court, ex denying their exception of prescription. proprio motu, issued a rule to show cause whether the appeal should be dismissed, noting that it was unclear whether the August 16, 2018 judgment was a final, appealable judgment. The rule to show cause was thereafter referred to this panel. Franks v. The La. Patients' Comp. Fund Oversight Bd., 2018- 1693 ( La. App. 1 Cir. 2/ 8/ 19) ( unpublished). The trial court judgment denying the defendants' exception of prescription is an interlocutory judgment not subject to appeal. 2083( C). However, jurisdiction. See La. C. C. P. arts. 1841 and the matter is reviewable under this court' s supervisory The motion for appeal was filed within 30 days of the notice of the August 16, 2018 judgment, which is the delay provided for seeking supervisory writs. See Uniform Rules, Courts of Appeal, Rule 4- 3. Accordingly, in the interest of judicial economy, this appeal has been converted to a writ application bearing number 2018 CW 1693. See KAS Properties, LLC v. Louisiana Bd. Supervisors for Louisiana State Univ., 2014- 0566 ( La. App. 1 Cir. 4/ 21/ 15), of 167 So. 3d 1007, 1010. After review, the writ is denied. APPEAL CONVERTED TO WRIT APPLICATION; WRIT DENIED. 2
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