ESTATE OF NICKS v. PAT. COM. FUND OVER. BD.

No. 2005 CA 1624.

939 So.2d 391 (2006)

The ESTATE OF Kevin Anthony NICKS, Shawnell Wallace Nicks, Pierre Maurice Warner, Windel Warner, and Kevin Warner v. The PATIENT'S COMPENSATION FUND OVERSIGHT BOARD and the Patient's Compensation Fund.

Court of Appeal of Louisiana, First Circuit.

June 21, 2006.


Attorney(s) appearing for the Case

Paul Rumage, New Orleans, Counsel for Plaintiff/Appellee, Shawnell Wallace Nicks.

David Woolridge, Jr., Baton Rouge, Counsel for Defendant/Appellant, The Patient's Compensation Fund Oversight Board and the Louisiana Patient's Compensation Fund.

Before: WHIPPLE, McCLENDON, and WELCH, JJ.


WHIPPLE, J.

In this mandamus proceeding, the Patient's Compensation Fund Oversight Board ("the Board") and the Louisiana Patient's Compensation Fund ("the PCF") appeal from a judgment of the trial court granting the issuance of a writ of mandamus directing the Board to reinstate the request for the formation of the medical review panel by the Estate of Kevin Anthony Nicks. For the following reasons, we reverse.

FACTS AND PROCEDURAL HISTORY

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