In Re: Medical Review Panel for the Claim of Kayla Marles Neville
Also decided on this docket: La. Ct. App. 5th Cir., June 30, 2020
In Re: Medical Review Panel for the Claim of Kayla Marles Neville, No. 20-C-127 (La. Ct. App. 5th Cir. May 26, 2020).
Opinion text
IN RE: MEDICAL REVIEW PANEL FOR NO. 20-C-127
THE CLAIM OF KAYLA MARLES
NEVILLE FIFTH CIRCUIT
COURT OF APPEAL
STATE OF LOUISIANA
May 26, 2020
Mary E. Legnon
Chief Deputy Clerk
ON APPLICATION FOR REHEARING
Panel composed of Susan M. Chehardy,
Marc E. Johnson, and John J. Molaison, Jr.
REHEARING GRANTED, WITH REASONS.
SMC
MEJ
JJM
IN RE: MEDICAL REVIEW PANEL FOR NO. 20-C-127
THE CLAIM OF KAYLA MARLES
NEVILLE FIFTH CIRCUIT
COURT OF APPEAL
STATE OF LOUISIANA
On April 6, 2020, defendant-applicant, Felix H. Savoie, M.D., filed a writ
application seeking review of the trial court's March 4, 2020 judgment denying his
exception of prescription. The application was denied on the basis that it did not
comply with the mandatory provisions of Rule 4-5(C) of the Uniform Rules -
Courts of Appeal. Defendant-applicant filed an application for rehearing asserting
that due to the constraints and uncertainties regarding deadlines for legal
proceedings presented by the COVID-19 pandemic, he was unable to attach the
required documents to his original application, and requests that he now be allowed
to supplement and amend his application with those documents.
In response to the public health emergency threat of COVID - 19, the
Govenor of Louisiana issued Proclamation N0. 30 JBE 2020, which suspended
deadlines in legal proceedings in all courts beginning March 16, 2020 until June 5,
2020.1 Because the delay for filing the defendant-applicant’s original writ
application fell within the deadline suspension of the COVID-19 state of
emergency,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the
application for rehearing filed by defendant-applicant, Felix H. Savoie, M.D., is
GRANTED.
IT IS FURTHER ORDERED that, defendant-applicant, Felix H. Savoie,
M.D., be allowed to file a supplemental and amending writ application for
reconsideration, and shall include a written transcipt of the February 7, 2020
proceedings, on or before June 12, 2020.
1
The Governor’s original order extended deadlines until April 13, 2020, but was later amended in
Proclamation No. 59 JBE 2020 extending the deadlines to Friday, June 5, 2020.
20-C-127 1
SUSAN M. CHEHARDY CURTIS B. PURSELL
CHIEF JUDGE CLERK OF COURT
MARY E. LEGNON
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON SUSAN BUCHHOLZ
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400
(504) 376-1498 FAX
www.fifthcircuit.org
NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 05/26/2020 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:
20-C-127
E-NOTIFIED
Michael G. Bagneris (Respondent) Michael F. Nolan (Relator)
Don S. McKinney (Respondent)