Opinion
2024 CW 0580
08-12-2024
DANIEL BRYAN v. LOUISIANA PATIENT'S COMPENSATION FUND OVERSIGHT BOARD, THE FOUNDATION FOR TERREBONNE GENERAL HEALTH SYSTEM, PATRICK DECOURCEY WALKER, M.D. AND ELEISA FLOYD, N.P.
In Re: Hospital Service District No. 1, for the Parish of Terrebonne, State of Louisiana, doing business as Terrebonne General Health System (a/k/a "Terrebonne General"), Dr. Patrick Walker, and Nurse Practitioner Eleisa Floyd, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 715364.
BEFORE: WOLFE, MILLER, AND GREENE, JJ.
WRIT GRANTED WITH ORDER. The trial court's judgment dated April 20, 2023, denying the exceptions of improper venue, lack of subject matter jurisdiction, improper cumulation of actions and improper joinder of parties, and prescription filed by Hospital Service District No. 1 for the Parish of Terrebonne, State of Louisiana, doing business as Terrebonne General Health System, Patrick Walker, M.D., and Eleisa Floyd, N.P. (collectively the "Healthcare Provider Defendants") and joined by the Louisiana Patient's Compensation Fund ("the PCF"); the trial court's judgment dated January 4, 2024, vacating its judgment entered on March 28, 2023; and the trial court's judgment dated March 26, 2024, granting a new trial and denying the exceptions improper venue, lack of subject matter jurisdiction, improper cumulation of actions, improper joinder of parties, and prescription filed by the Healthcare Provider Defendants and joined by the PCF, constitute substantive amendments to a final judgment. See La. Code Civ. P. art. 1951. The only allowable procedures for making a substantive change to a judgment are a contradictory motion for new trial filed by the parties or by the court on its own motion pursuant to La. Code Civ. P. art. 1971; amendment by consent of the parties; or a timely appeal. Harrell-Bijou v. Guarino, 2023-0425 (La.App. 1st Cir. 11/16/23), 379 So.3d 698, 703 n.4. No appeal or timely motion for new trial was filed. Furthermore, all parties did not consent to an amendment of the final judgment. Therefore, the trial court's above-referenced judgments dated April 20, 2023, January 4, 2024, and March 26, 2024, respectively, are absolute nullities and are vacated. The trial court's March 28, 2023 judgment, dismissing the plaintiff's action, is reinstated. This matter is remanded to the trial court with instructions to grant the plaintiff, Daniel Bryan, an appeal, pursuant to his Motion for Devolutive Appeal filed on June 9, 2023. A copy of this court's order is to be included in the appellate record.
EW
SMM
HG