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TALLEY v. MEDICAL CEN. OF LOUISIANA AT NEW ORLEANS

No. 2002-CA-2488.

840 So.2d 628 (2003)

David TALLEY v. The MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS, Charity Campus.

Court of Appeal of Louisiana, Fourth Circuit.

February 12, 2003.

Attorney(s) appearing for the Case

Joseph W. Thomas, Law Offices of Joseph W. Thomas, New Orleans, LA, for Plaintiff/Appellant.

Richard P. Ieyoub, Attorney General, Susan H. Lafaye, Assistant Attorney General, New Orleans, LA, for Defendant/Appellee.

(Court composed of Chief Judge WILLIAM H. BYRNES, III, Judge MAX N. TOBIAS, JR., and Judge DAVID S. GORBATY).

WILLIAM H. BYRNES, III, Chief Judge.

The Medical Center of Louisiana at New Orleans, Charity Campus ("State") filed a motion to dismiss the devolutive appeal filed by plaintiff, David Talley, in this medical malpractice action.

Motion to Dismiss Considered as Exception of Prescription

An exception of prescription must be presented in a formal, written manner; the exception presented only in argument either orally or by way of memorandum or...

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