LABICHE v. LA. PATIENTS' COMP. FUND

No. 96 CA 1310.

699 So.2d 408 (1997)

Michael LABICHE v. LOUISIANA PATIENTS' COMPENSATION FUND OVERSIGHT BOARD, et al.

Court of Appeal of Louisiana, First Circuit.

Dissenting Opinion May 15, 1997.

Rehearing Denied October 8, 1997.


Attorney(s) appearing for the Case

Byron Casey, III, New Orleans, for Plaintiff-Appellant Michael Labiche.

Larry M. Roedel, Baton Rouge, for Defendant-Appellee Louisiana Patients' Compensation Fund Oversight Board.

Corinne Ann Morrison, Charles P. Blanchard, New Orleans, for Defendant-Appellee Louisiana Patients' Compensation Fund.

Before WHIPPLE and FITZSIMMONS, JJ., and TYSON, J. Pro Tem.


Dissenting Opinion of Judge Whipple May 15, 1997.

FITZSIMMONS, Judge.

Plaintiff, Michael Labiche, filed a petition for review of the final decision of defendant, the Louisiana Patients' Compensation Fund Oversight Board (PCFOB), with the Nineteenth Judicial District Court. The trial court granted peremptory exceptions raising the objections of no cause of action and res judicata filed by defendant, Louisiana Patients' Compensation Fund (PCF). The trial court...

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