LLOPIS v. STATE

No. 2016-CA-0041.

206 So.3d 1066 (2016)

Roberto LLOPIS, D.D.S. v. The STATE of Louisiana, Department of Health & Hospitals/The Louisiana State Board of Dentistry; C. Barry Ogden, Individually and as Executive Director, Louisiana State Board of Dentistry, Peyton "Pete" Burkhalter, Co-Executive Director, Louisiana State Board of Dentistry; Brian M. Begue, Individually and as Counsel for the Louisiana State Board of Dentistry; Dr. Rommel Madison, President; Dr. David Melancon, Vice President, State Board of Dentistry.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 27, 2016.


Attorney(s) appearing for the Case

Bobbie C. Smith , Anna M. Jackson , BOBBIE C. SMITH, LLC, 4640 South Carrollton Avenue, Suite 200-A, New Orleans, LA 70119, COUNSEL FOR PLAINTIFF/APPELLANT.

Jeff Landry , Attorney General, Gregory C. Fahrenholt , Special Assistant Attorney General, CONNICK AND CONNICK LLC, 3421 N. Causeway Blvd., Suite 408, Metairie, LA 70002, Jeff Landry , Attorney General, Scott O. Gaspard , Celeste Brustowicz , Special Assistant Attorneys General, BURGLASS & TANKERSLEY, L.L.C., 5213 Airline Drive, Metairie, LA 70001, COUNSEL FOR DEFENDANT/APPELLEE.

(Court composed of Chief Judge James F. McKay, III, Judge Max N. Tobias, Jr., Judge Daniel L. Dysart).


Judge Daniel L. Dysart

This is an appeal by plaintiff-appellant, Dr. Roberto Llopis, D.D.S., of a trial court judgment granting a motion for new trial, and sustaining a previously denied peremptory exception of no cause of action. As discussed more fully herein, the denial of an exception of no cause of action is an interlocutory judgment. Because there is no cognizable procedure for applying for a new trial on an interlocutory judgment, the trial court...

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