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CUBLEY v. WILLIS-KNIGHTON MEDICAL CENTER

No. 44,435-CA.

21 So.3d 1000 (2009)

Johnny CUBLEY and Kathy Cubley, Plaintiffs-Appellees v. WILLIS-KNIGHTON MEDICAL CENTER, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Opinion on Grant of Rehearing November 4, 2009.

Attorney(s) appearing for the Case

Pettiette, Armand, Dunkelman, Woodley, Byrd & Cromwell, LLP, by Lawrence W. Pettiette Rendi Wiggins, Shreveport, for Appellants, Louisiana Patient's Compensation Fund & Louisiana Patient's Compensation Fund Oversight Board.

Wallace Law Firm, by Lacey P. Wallace, Bossier City, for Appellees, Johnny Cubley & Kathy Cubley.

Watson, Blanche, Wilson & Posner, by Thomas H. Wartelle, Baton Rouge, for Appellant, Willis-Knighton Medical Center.

Before WILLIAMS, PEATROSS & LOLLEY, JJ.

PEATROSS, J.

In this medical malpractice case, this court issued a Rule to Show Cause why this appeal should not be dismissed as moot and referred resolution of the issue to the merits of the appeal. In addition, with leave from this court, the Patient's Compensation Fund ("PCF") has filed a brief on the merits of the appeal challenging the trial court's partial summary judgment in favor of Plaintiffs, Johnny and Kathy Cubley. For the reasons stated herein, we conclude...

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