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MILLER v. MORTON

No. 04-CA-1148.

901 So.2d 600 (2005)

Charlene MILLER, Individually and as Administrator of the Estates of Her Minor Children, C.V.M. and C.M. v. Matthew MORTON, Shirley Morton and Louisiana Department of Social Services.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied May 17, 2005.

Attorney(s) appearing for the Case

Chadwick M. Pellerin, New Orleans, Louisiana, for Defendant/Appellant.

James R. Sutterfield, Gordon P. Serou, Jr., Alix K. Cornett, New Orleans, Louisiana, for Defendant/Appellee.

Panel composed of Judges SOL GOTHARD, JAMES L. CANNELLA, and WALTER J. ROTHSCHILD.

SOL GOTHARD, Judge.

Defendant, State of Louisiana, Department of Social Services (hereinafter "DSS"), is appealing an August 27, 2004 partial final judgment granting Methodist Home of New Orleans' (hereinafter "Methodist") peremptory exception of no cause of action and dismissing all claims filed by DSS against Methodist, with prejudice. For reasons that follow, we reverse the judgment of the trial court and remand the matter for further proceedings.

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