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DEANO v. AKKARAJU

No. 03-142.

856 So.2d 155 (2003)

Susan DEANO, John L. Deano & Mark Guilbeau v. Vidyadhar AKKARAJU, M.D., et al.

Court of Appeal of Louisiana, Third Circuit.

October 1, 2003.

Attorney(s) appearing for the Case

Michael Keith Prudhomme, Thomas Patrick LeBlanc, Lundy & Davis, Lake Charles, LA, for Defendant/Appellant, Louisiana Patients' CompensationFund Vidyadhar Akkaraju, M.D.

Edwin Byrne Edwards, Edwards Law Firm, Lafayette, LA, for Plaintiff/Appellee, Susan Deano, John L. Deano, and Mark Guilbeau.

W. Fox McKeithen, Secretary of State, Baton Rouge, LA, for Defendant/Appellee, Louisiana Medical Mutual Ins. Co.

Court composed of SYLVIA R. COOKS, OSWALD A. DECUIR, and MARC T. AMY, Judges.

COOKS, Judge.

Plaintiffs filed a petition for approval of a compromise settlement. The Louisiana Patient's Compensation Fund Oversight Board (PCF) filed a petition for declaratory judgment asserting the petition was not timely filed as required by the Medical Malpractice Act. The plaintiffs filed exceptions of res judicata, no cause of action, and no right of action in response. The trial court sustained the exceptions and dismissed the petition for declaratory...

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