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RICHARDSON v. O'BYRNE

No. 2000-CA-2202, 2001-CA-1697, 2002-CA-0753.

830 So.2d 1013 (2002)

Clifton G. RICHARDSON v. Alvaro J. O'BYRNE, M.D., The O'Byrne Eye Clinic, A.P.M., St. Paul Fire and Marine Insurance Company, Suzette S. Killeen, M.D., and Louisiana Medical Mutual Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied January 24, 2003.

Attorney(s) appearing for the Case

Charles D. Elliott, Faircloth & Davidson, L.L.C., Alexandria, LA, for Clifton G. Richardson.

Rodi W. Culotta, Jacqueline Hunt Andry, Mang, Batiza, Gaudin, Godofsky & Penzato, Metairie, LA, for Suzette S. Killeen, M.D. and Louisiana Medical Mutual Ins. Co.

Jacqueline G. Griffith, Lydia Habliston Toso, Glen Patrick McGrath, Charles O. Taylor, Griffith Batard and Taylor, New Orleans, LA, for Louisiana Patients' Compensation Fund and Oversight Board & Suzette S. Killeen, M.D.

(Court composed of Judge STEVEN R. PLOTKIN, Judge JAMES F. McKAY III, Judge TERRI F. LOVE).

STEVEN R. PLOTKIN, Judge.

The pivotal issue in the instant appeal is whether a settlement agreement signed both by plaintiff, Clifton G. Richardson, and by a representative of the intervenor, the Louisiana Patients' Compensation Fund ("LPCF"), that was expressly made "subject to the approval of the [LPCF] Board" was properly withdrawn by Mr. Richardson prior to the approval of the Board. If we find that the settlement agreement was properly withdrawn and that the...

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