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DOWL v. REDI CARE HOME HEALTH ASS'N

Nos. 2004-CA-1182, 2004-CA-1183.

917 So.2d 434 (2004)

Nathaniel DOWL, Jr., Individually and as Administrator of the Succession of Nathaniel Dowl, Sr. v. REDI CARE HOME HEALTH ASSOCIATION d/b/a Redi Care/Primary Medical Group and the XYZ Insurance Company. Nathaniel Dowl, Jr. v. Scottsdale Insurance Company and Louisiana Patients' Compensation Fund.

Court of Appeal of Louisiana, Fourth Circuit.

Opinion Vacating Dismissal Order on Rehearing April 6, 2005.

Writ Denied November 28, 2005.

Attorney(s) appearing for the Case

Nathaniel Dowl, Jr., New Orleans, LA, in Proper Person, Plaintiff/Appellant.

Ernest L. O'Bannon, David E. Walle, Christopher M. G'sell, Bienvenu, Foster, Ryan & O'Bannon, New Orleans, LA, for Scottsdale Insurance Company.

James C. Young, Heather M. Valliant, Corinne A. Morrison, Chaffe, McCall, Phillips, Toler & Sarpy, L.L.P., New Orleans, LA, for the Louisiana Patient's Compensation Fund and the Louisiana Patient's Compensation Fund Oversight Board.

Court composed of Judge TERRI F. LOVE, Judge MAX N. TOBIAS Jr., Judge LEON A. CANNIZZARO Jr.

TERRI F. LOVE, Judge.

This appeal is from a hearing held on April 16, 2004 and judgment rendered on May 17, 2004. On May 20, 2004, Nathaniel Dowl Jr., appellant, filed and was granted an order for devolutive appeal. However, on April 23, 2004, Mr. Dowl filed a motion styled, "Motion to Reopen Testimony," which the trial court re-designated as a motion for new trial and set the matter for hearing on June 18, 2004. LSA-C.C.P. Art. 2087(D) states:

An order of...

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