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CUNNINGHAM v. STATE, DEPT. OF HEALTH

No. 05-1378.

939 So.2d 695 (2006)

Lori CUNNINGHAM v. STATE of Louisiana, DEPARTMENT OF HEALTH AND HOSPITALS, The Board of Physical Therapy Examiners.

Court of Appeal of Louisiana, Third Circuit.

September 27, 2006.

Attorney(s) appearing for the Case

Glenn R. Ducote, Baton Rouge, LA, George M. Papale, Kenner, LA, for Defendant-Appellant, Louisiana State Board of Physical Therapy Examiners.

Lewis O. Unglesby, Robert M. Marionneaux, Jr., Samuel C. Ward, Jr., Baton Rouge, LA, for Plaintiff-Appellee, Lori Cunningham.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JIMMIE C. PETERS, and J. DAVID PAINTER, Judges.

PAINTER, Judge.

The Louisiana State Board of Physical Therapy Examiners (LSBPTE) appeals the trial court's grant of a motion to vacate filed on behalf of Plaintiff, Lori Cunningham (Cunningham). Finding that the trial court did not err in vacating the LSBPTE adjudication decision against Cunningham in Case # 2003-I-12 because that proceeding did not comply with La.R.S. 37:2401.1, rendering it constitutionally defective, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND...

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