PALMER v. LECLERCQ

No. 2007-CA-0604.

996 So.2d 21 (2008)

John C. PALMER and Diane H. Palmer, His Wife v. Toussaint A. LECLERCQ, M.D.

Court of Appeal of Louisiana, Fourth Circuit.

September 24, 2008.


Attorney(s) appearing for the Case

John D. Rawls, Attorney at Law, Sparks, NV, and Judith A. Gic, J.A.G.S. Consultant, L.L.C., Tarpon Springs, FL, for Plaintiffs/Appellees.

Clarence F. Favret III, Favret, Demarest, Russo & Lutkewitte, New Orleans, LA, for Defendant/Appellant.

(Court composed of Judge MICHAEL E. KIRBY, Judge DAVID S. GORBATY, Judge ROLAND L. BELSOME).


MICHAEL E. KIRBY, Judge.

Defendant, Toussaint A. Leclercq, M.D., appeals the trial court's October 27, 2006 judgment, granting exceptions of insufficiency of citation, nonconformity with La. C.C.P. article 891 and res judicata filed by plaintiffs, John and Diane Palmer, and denying defendant's request for preliminary injunction and stay of the judgment debtor rule examination.

The facts in this medical malpractice action were set forth in this Court's earlier...

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