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TRANSCHANT v. STATE

No. 2007-CA-1273.

978 So.2d 1174 (2008)

Saledad Tranchant, wife of/and Charles TRANCHANT v. STATE of Louisiana, Louisiana State University Health Sciences Center d/b/a Medical Center of Louisiana at New Orleans—University Campus; Thomas B. Ferguson, M.D.; Watts Webb, M.D. and Christy Zolfoghary, M.D.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 16, 2008.

Attorney(s) appearing for the Case

Mark R. Wolfe, Wolfe, Begoun & Pick, L.L.C., New Orleans, LA, for Plaintiffs/Appellants.

James D. "Buddy" Caldwell, Attorney General, Paul B. Deal, Susan H. Lafaye, Assistant Attorneys General, Louisiana Department of Justice, Litigation Division, New Orleans, LA, for Defendants/Appellees.

(Court composed of Judge CHARLES R. JONES, Judge PATRICIA RIVET MURRAY, Judge MAX N. TOBIAS, JR., Judge DAVID S. GORBATY, and Judge LEON A. CANNIZZARO, JR.).

PATRICIA RIVET MURRAY, Judge.

In this medical malpractice suit, Saledad and Charles Tranchant appeal the judgment dismissing their claim for failure to timely request service of process upon the defendants within ninety days of filing the petition as required by La. R.S. 13:5107 D. For the reasons that follow, we reverse and remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

On August 3, 2006, Mr. Tranchant1

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