DOE v. SMITH

No. 2005-C-0653.

913 So.2d 140 (2005)

John DOE, Individually and on Behalf of the Class v. Jo Ellen SMITH Medical Foundation d/b/a Jo Ellen Smith Medical Center and Jo Ellen Smith Psychiatric Center, et al.

Court of Appeal of Louisiana, Fourth Circuit.

July 13, 2005.


Attorney(s) appearing for the Case

W. Christopher Beary, R. Ray Orrill, Jr., Orrill, Cordell & Beary, L.L.C., New Orleans, LA, For Plaintiffs/Respondents.

Deborah C. Foshee, Kirk P. Groh, Edward M. Morris, Hemelt and Foshee, L.L.C., NEW ORLEANS, LA, for Relators.

Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge CHARLES R. JONES, and Judge DENNIS R. BAGNERIS SR.


JOAN BERNARD ARMSTRONG, Chief Judge.

We grant the relators' application for supervisory review in order to consider the trial court's denial of their "Peremptory Exception of No Cause of Action, Alternatively, Motion for Summary Judgment." We note that the judgment we have been asked to review provides in pertinent part:

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Peremptory Exceptions of No Cause of Action and No Right of Action, sought...

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