Hospital Service District No. 1 of the Parish of Terrebonne, State of Louisiana v. Hospital Service District No. 3 of the Parish of Lafourche, State of Louisiana and Thibodaux Regional Health System, Inc.
Hospital Service District No. 1 of the Parish of Terrebonne, State of Louisiana v. Hospital Service District No. 3 of the Parish of Lafourche, State of Louisiana and Thibodaux Regional Health System, Inc., No. 2023CW0384 (La. Ct. App. 1st Cir. May 22, 2023).
Authorities cited
Identified automatically; this list may not be exhaustive.
- 353 So. 3d 164 not in our corpus
- Dale v. Louisiana Secretary of State 971 So. 2d 1136
- Conway v. Stratton 434 So. 2d 1197
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
HOSPITAL SERVICE DISTRICT NO. 2023 CW 0384
NO. 1 OF THE PARISH OF
TERREBONNE, STATE OF
LOUISIANA
VERSUS
HOSPITAL SERVICE DISTRICT
NO. 3 OF THE PARISH OF
LAFOURCHE, STATE OF MAY 22, 2023
LOUISIANA AND THIBODAUX
REGIONAL HEALTH SYSTEM, INC.
In Re: Hospital Service District No. 3 of the Parish of
Lafourche, applying for supervisory writs, 32nd
Judicial District Court, Parish of Terrebonne, No.
195104.
BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.
STAY LIFTED; WRIT GRANTED. The portion of the April 6,
2023 judgment that granted a preliminary injunction against
defendants, Hospital Service District No. 3 of the Parish of
Lafourche, State of Louisiana, and Thibodaux Regional Health
System, Inc., is reversed. " A preliminary injunction is an
interlocutory procedural device designed to preserve the status
quo between the parties, pending a determination on the merits
of the controversy." Singleton v. East Baton Rouge Parish School
Board, 2022- 0667 ( La. App. 1st Cir. 9/ 16/ 22), 353 So. 3d 164,
176. A plaintiff seeking a preliminary injunction bears the
burden of establishing a prima facie showing he will prevail on
the merits and irreparable injury. Id. " Irreparable injury has
been interpreted to mean loss that cannot be adequately
compensated in money damages or measured by apecuniary
standard." Dale v. Louisiana Secretary of State, 2007- 2020 ( La.
App. 1st Cir. 10/ 11/ 07), 971 So. 2d 1136, 1141. Further, " a
party who can be compensated in money damages is not entitled to
injunctive relief." Conway v. Stratton, 434 So. 2d 1197, 1199
La. App. 1st Cir. 1983). We find plaintiff, Hospital Service
District No. 1 of the Parish of Terrebonne, State of Louisiana,
may be compensated in money damages, thus, it has not shown
irreparable injury. Accordingly, the request for preliminary
injunction is denied.
MRT
WRC
CHH
COURT OF APPEAL, FIRST CIRCUIT
t-
x . V 1'
DEPUTY CLERK OF COURT
FOR THE COURT