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MILES ON BEHALF OF MILES v. STU INS. CO.

No. CA 92 2112.

637 So.2d 1318 (1994)

Peggy Lee MILES on Behalf of Leroy Vincent MILES and James Miles and Susan Marie Miles v. STU INSURANCE COMPANY and Department of Health and Human Resources Administration, a Division of the State of Louisiana, and its Governing Bodies and Southeast Louisiana Medical Center, and its Governing Bodies and John Doe, M.D., and Jane Doe, C.R.N.A.

Court of Appeal of Louisiana, First Circuit.

July 6, 1994.

GONZALES, Judge, dissenting.

I respectfully dissent from the majority's reliance on La.C.C.P. art. 1571 as dispositive of this appeal.

The majority finds that the trial court erred in sustaining defendants' motion for summary judgment which resulted in dismissal of plaintiff's petition for nullity of judgment. Based on the article 1571 requirement that district courts prescribe the procedure for assigning cases for trial by rules which "require adequate notice...

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