POPE v. ROBERTS

No. 2013 CA 1407.

144 So.3d 1059 (2014)

Betty POPE, Individually and on Behalf of Ernest Pope, Sr., Donnie Byrd, James Larry Pope, Judy Williams, Nancy Buhler, and Glenda Lawrence v. Jonathan ROBERTS, MD, Kenneth Blue, MD, Harold Wexler, MD, and Our Lady of The Lake Regional Medical Center.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 20, 2014.


Attorney(s) appearing for the Case

Lynn E. Williams , Jeffrey G. Rice , Baton Rouge, Louisiana, for Plaintiffs/Appellants Betty Pope, et al.

Vance A. Gibbs , Daniel A. Reed , Baton Rouge, Louisiana, for Defendants/Appellees Kenneth M. Blue, Jr., M.D. and Harold D. Wexler, M.D.

Before KUHN, HIGGINBOTHAM, and THERIOT, JJ.


THERIOT, J.

Plaintiffs, the widow and surviving children of a deceased patient, appeal a judgment sustaining a declinatory exception raising the objection of insufficiency of service of process and dismissing their malpractice claims without prejudice pursuant to La. C.C.P. art. 1672(C). We vacate and set aside the preliminary default and confirmation of default judgments and affirm the judgment sustaining the declinatory exception and dismissing plaintiffs' claims...

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