LOUISIANA PATIENTS'COMPENSATION FUND OVERSIGHT BOARD VERSUS SUSAN DEANO, JOHN L. DENO & MARK GUILBEAU

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STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 03-143 LOUISIANA PATIENTS COMPENSATION FUND OVERSIGHT BOARD VERSUS SUSAN DEANO, JOHN L. DEANO & MARK GUILBEAU ********** APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. 2002-2784 HONORABLE EDWARD D. RUBIN, DISTRICT JUDGE ********** SYLVIA R. COOKS JUDGE ********** Court composed of Sylvia R. Cooks, Oswald A. Decuir, and Marc T. Amy, Judges. Amy, J, dissents for the reasons assigned in the companion case of Deano v. Akkaraju, 03-142 (La.App. 3 Cir. _/_/03); ___ So.2d ___. AFFIRMED. Michael Keith Prudhomme Thomas Patrick LeBlanc Lundy & Davis Post Office Box 3010 Lake Charles, LA 70602 (337) 439-0707 COUNSEL FOR DEFENDANT/APPELLANT: Louisiana Patients' CompensationFund Vidyadhar Akkaraju, M.D. Edwin Byrne Edwards Edwards Law Firm Post Office Box 2970 Lafayette, LA 70502 (337) 237-6881 COUNSEL FOR PLAINTIFF/APPELLEE: Susan Deano, John L. Deano, and Mark Guilbeau W. Fox McKeithen Secretary of State 3851 Essen Lane Baton Rouge, LA 70809 (225) 922-1000 COUNSEL FOR DEFENDANT/APPELLEE: Louisiana Medical Mutual Ins. Co. COOKS, Judge. For the reasons assigned in the companion case of Deano v. Akkaraju, 03-142 (La.App. 3 Cir. __/__/03), ___ So.2d ___, we affirm the judgment of the trial court sustaining the exception of no cause of action and dismissing the petition for declaratory judgment. All costs of this proceeding are assessed against appellant, the Louisiana Patients Compensation Fund Oversight Board. AFFIRMED.

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