In Re: Medical Review Panel for the Claim of Darlene Cheryl Kersh, (D)

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

IN RE: MEDICAL REVIEW PANEL NO. 2021 CW 0559
FOR THE CLAIM OF DARLENE
CHERYL KERSH, ( D), ET AL.

JULY 30, 2021

In Re: The Louisiana Insurance Guaranty Association and

Adrian Talbot, M. D., applying for supervisory writs,

22nd Judicial District Court, Parish of St. Tammany,
No. 2016- 14523.

BEFORE: THERIOT, HOLDRIDGE, AND HESTER, JJ.

WRIT NOT CONSIDERED. This writ application is untimely.
Rule 4- 3 of the Uniform Rules of the Louisiana Courts of Appeal
provides that the return date in civil cases shall not exceed

thirty days from the date of notice. Notice of the written

judgment was mailed on November 23, 2020. The notice of intent
was filed with the district court on
January 4, 2021, which is
more than thirty days after notice of judgment. Although
defendants filed a notice of intent via facsimile on December
17, 2020, for facsimile filings to be effective, La. R. S. 13: 850
requires that the clerk of court receive the original document
within seven days, exclusive of legal holidays, after the clerk

receives the facsimile filing. If the filing party fails to

comply with such requirement, the facsimile filing shall have no
force or effect. La. R. S. 13: 850( C). In this case, the
deadline for the clerk to receive the original
filing of the
notice of intent was December 30, 2020, after excluding legal
holidays. That original document
filed on was 2021, January 4,
and accordingly, the facsimile filing had no force or effect.

MRT
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COURT OF APPEAL, FIRST CIRCUIT

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