Opinion
NO. 2020 CW 0606 C/W NO. 2020 CW 0607
09-03-2020
In Re: Charles T. Coleman, DMD, A Professional Dental Corporation and Charles T. Coleman, DDS, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 657418. BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.
WRIT GRANTED WITH ORDER. The district court's March 5, 2020 judgment is a final, appealable judgment. See Pertuit v. LeBlanc, 216 So.2d 863, 865 (La. App. 2d Cir. 1968); and Williams v. Wendy's Old Fashioned Hamburgers, Inc., 503 So.2d 137 (La. App. 5th Cir. 1987). Thus, the writ application is granted for the limited purpose of remanding this matter to the district court with instructions to grant appeals to defendants, Charles T. Coleman, DDS and Charles T. Coleman, DMD, A Professional Dental Corporation, pursuant to the notices of intent to seek supervisory writs filed on March 19, 2020 and March 16, 2020, respectively. See In Re Howard, 541 So.2d 195 (La. 1989) (per curiam). In the event defendants seek to appeal the district court's judgment, they shall submit an order for appeal to the trial court within thirty days of this court's order. Additionally, a copy of this court's order is to be included in the appellate record.
JMM
WRC
Theriot, J., dissents and would deny the writ. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT