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WOODARD v. UPP

No. 2013 CA 0999.

142 So.3d 14 (2014)

Evorjia WOODARD v. James Robert UPP, Jr., M.D. and Our Lady of the Lake Regional Medical Center.

Court of Appeal of Louisiana, First Circuit.

February 18, 2014.

Attorney(s) appearing for the Case

Peter "Q" John , Baton Rouge, Louisiana, for Plaintiff/Appellant, Evorjia Woodard.

Jason R. Cashio , and Thomas R. Temple, Jr. , Baton Rouge, Louisiana, for Defendants/Appellees, James Robert Upp, Jr. M.D. and Our Lady of the Lake Regional Medical Center.

Before WHIPPLE, C.J., WELCH, and CRAIN, JJ.

CRAIN, J.

In this medical malpractice action, the plaintiffs appeal a judgment sustaining a dilatory exception of lack of procedural capacity and a peremptory exception of prescription, and dismissing all claims with prejudice. We affirm in part, amend in part, reverse in part, and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

Evorjia Woodard filed a petition for damages against James Robert Upp, Jr., M.D., and Our Lady of the Lake...

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