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STEWART v. CARTER

No. 33,203-CA.

759 So.2d 297 (2000)

Joanne STEWART, Plaintiff-appellant, v. Harvey L. CARTER, M.D., et al, Defendants-appellees.

Court of Appeal of Louisiana, Second Circuit.

May 10, 2000.

Attorney(s) appearing for the Case

Kammi R. Whatley, Counsel for Appellant.

Robert G. Pugh, Jr., Shreveport, Counsel for Appellees.

Before CARAWAY, PEATROSS and SAMS (Pro Tem.), JJ.

CARAWAY, J.

Plaintiff, Joanne Stewart, appeals from the grant of defendants' motion for summary judgment asserting that the ten-day period between the time of service of the motion and the hearing was not honored. Finding that the violation of the ten-day period of La. C.C.P. art. 966 occurred, we reverse.

Procedural History

This medical malpractice action concerns the 1989 death of Orlinda Stewart, the plaintiff's daughter. On August 27,...

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