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OLIVER v. MAGNOLIA CLINIC

No. 09-439.

71 So.3d 1170 (2011)

Joe OLIVER, et al. v. MAGNOLIA CLINIC, et al.

Court of Appeal of Louisiana, Third Circuit.

August 31, 2011.

Attorney(s) appearing for the Case

Todd A. Townsley , Marcus P. LaCombe , The Townsley Law Firm, L.L.P., Lake Charles, LA, for Plaintiffs/Appellants, Joe and Helena Oliver, individually and on behalf of their minor child, Taylor Oliver.

Richard B. Cappel , Raggio, Cappel, Chozen & Berniard, Lake Charles, LA, for Defendants/Appellees, Susan Duhon d/b/a the Magnolia Clinic and St. Paul Marine Ins. Co.

John Elliott Baker , Covington, LA, for Intervenor/Appellee, State of Louisiana.

Nadia Marie de la Houssaye , Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P., Lafayette, LA, for Intervenor/Appellant, Louisiana Patient's Compensation Fund.

Guice Anthony Giambrone, III , Kelly A. Dugas , Blue Williams, L.L.P., Metairie, LA, Amicus Curiae, Louisiana Association of Nurse Practitioners.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, SYLVIA R. COOKS, JOHN D. SAUNDERS, OSWALD A. DECUIR, JIMMIE C. PETERS, MARC T. AMY, ELIZABETH A. PICKETT, BILLY H. EZELL, J. DAVID PAINTER, JAMES T. GENOVESE, SHANNON J. GREMILLION and PHYLLIS M. KEATY, Judges.

COOKS, Judge.

This matter is on remand from the Louisiana Supreme Court for en banc consideration the majority of judges voted with instruction that we render a decree "reflecting a majority vote on each of the issues presented." Oliver v. Magnolia Clinic, 10-2766, 10-2782, 10-2785 (La.3/25/11), 57 So.3d 307, 308. After en banc consideration, a majority of the judges voted to adopt the original opinion released...

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