Summary
finding improper plaintiff's attempt to file their damage action under the discovery proceeding docket number and holding random allotment rule mandated plaintiff file new malpractice suit.
Summary of this case from In re Medical Review PanelOpinion
No. 99-CC-0947
May 28, 1999
IN RE: Williamson, Baron Dr.; — Defendant(s); Applying for Supervisory and/or Remedial Writ; Parish of East Baton Rouge 19th Judicial District Court Div. "D" Number 428,199; to the Court of Appeal, First Circuit, Number CW98 0273
Granted. Judgment of the district court is vacated and set aside for reasons assigned by Judge Shortess in his dissenting opinion in the court of appeal. The clerk of the district court is ordered to give plaintiff's "petition for damages" a new docket number and to randomly re-allot it as a new suit.
WFM
HTL
JPV
CDT
CALOGERO, C.J. dissents.
KIMBALL, J. not on panel.
JOHNSON, J. dissents.
KNOLL, J. dissents.