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SANDER v. MIA'S PHARMACY

No. 13-CA-65.

120 So.3d 794 (2013)

Joseph SANDER, Richard Peart, and Randall Peart, Surviving Husband and Children of the Deceased, Leslie Sander v. MIA'S PHARMACY.

Court of Appeal of Louisiana, Fifth Circuit.

June 27, 2013.

Attorney(s) appearing for the Case

David J. Foshee , R. Glenn Cater , Attorneys at Law, New Orleans, LA, for Plaintiff/Appellee.

Guy C. Curry , Lucie E. Thornton , Meredith M. Miceli , Attorneys at Law, New Orleans, LA, for Defendant/Appellant.

C. William Bradley, Jr. , Bradley R. Belsome , Natalie J. Dekaris , Attorneys at Law, New Orleans, LA, for Defendant/Appellee.

Panel composed of Judges FREDERICKA HOMBERG WICKER, JUDE G. GRAVOIS, and ROBERT M. MURPHY.

ROBERT M. MURPHY, Judge.

The Louisiana Patient's Compensation Fund/Oversight Board ("PCF") filed both a motion for a devolutive appeal and a notice of intent to seek supervisory writs directed at the trial court's October 1, 2012 denial of its exception of no cause and/or no right of action and exception of prematurity. The appeal record was lodged on January 29, 2013 in Case No. 13-CA-65, and the writ was timely filed on March 7, 2013 in Case No. 13-C-212.

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