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IN RE FORGIONE

No. 36,130-CA.

821 So.2d 673 (2002)

In the Matter of Maranda FORGIONE.

Court of Appeal of Louisiana, Second Circuit.

June 12, 2002.

Attorney(s) appearing for the Case

J. Bruce Bryant, William Coco, Baton Rouge, for State, Dept. of Health & Hospitals.

Lee Aronson, Shreveport, for Maranda Forgione.

Before NORRIS, CARAWAY and KOSTELKA, JJ.

CARAWAY, J.

The state of Louisiana, through the Department of Health and Hospitals ("DHH"), appeals the trial court's reversal of a decision by an administrative law judge which denied claimant mental retardation benefits. DHH's failure to timely file the record of the administrative hearings in the trial court prompted the trial court's ruling. Finding the trial court's remedy for DHH's failure inappropriate, we reverse and remand.

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