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KIRT v. METZINGER

No. 2018-CA-0158.

255 So.3d 716 (2018)

Neville KIRT; Alvin Kirt; and Lamont Kirt, Individually and on Behalf of Elaine Kirt, Deceased v. Rebecca C. METZINGER, M.D.; Theodore C. Strickland, III, M.D.; Administrators of The Tulane Educational Fund d/b/a Tulane; Pauline Taquino, CRNA; Gayle Martin, CRNA; Parish Anethesia Associates, Ltd., A Professional Medical Corporation.

Court of Appeal of Louisiana, Fourth Circuit.

September 7, 2018.

Attorney(s) appearing for the Case

Jeffrey A. Mitchell , Hugo L. Chanez , THE COCHRAN FIRM, 3850 N. Causeway Blvd., Suite 1500, Metairie, LA 70002, COUNSEL FOR PLAINTIFF/APPELLANT.

C. William Bradley, Jr. , Benjamin J. Biller , BRADLEY MURCHISON KELLY & SHEA LLC, 1100 Poydras Street, Suite 2700, New Orleans, LA 70163 — 2700, COUNSEL FOR DEFENDANT/APPELLEE.

(Court composed of Judge Roland L. Belsome, Judge Joy Cossich Lobrano, Judge Regina Bartholomew-Woods).

This is a medical malpractice suit. The appeal is taken from the trial court's grant of an exception of prescription. For the reasons that follow, we find this Court lacks jurisdiction. Therefore, the appeal is dismissed without prejudice and the matter is remanded.

Elaine Kirt died On September 28, 2010, after receiving...

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