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KIRK v. STAFFORD

NO. 2021-C-0056.

320 So.3d 1213 (2021)

Lois KIRK w/o/a Lawrence Kirk v. Ursin T. STAFFORD, MD, et al.

Court of Appeal of Louisiana, Fourth Circuit.

May 12, 2021.

Attorney(s) appearing for the Case

T. Carey Wicker, III , Vincent E. Odom , Michael S. Sepcich , CAPITELLI AND WICKER, 1100 Poydras Street, Suite 2950, New Orleans, LA 70163, COUNSEL FOR PLAINTIFFS/RELATORS.

Richard S. Crisler , Benjamin J. Biller , BRADLEY MURCHISON KELLY & SHEA LLC, 1100 Poydras Street, Suite 2700, New Orleans, LA 70163, Lorraine P. McInnis , BERRIGAN LITCHFIELD, LLC, 201 St. Charles Avenue, Suite 4204, New Orleans, LA 70170-4204, COUNSEL FOR DEFENDANTS/RESPONDENTS.

(Court composed of Judge Daniel L. Dysart, Judge Joy Cossich Lobrano, Judge Tiffany G. Chase).

This is a medical malpractice case. Plaintiffs/relators, Lois Kirk and Lawrence Kirk (collectively, the "Kirks" or "Relators") seek review of the January 21, 2021 judgment of the Civil District Court for the Parish of Orleans ("District Court"), which granted exceptions of improper venue and ordered this case transferred to the 22nd Judicial District Court for the Parish of St. Tammany. In granting the exceptions, the District Court found Relators' motion for voluntary dismissal...

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