Velma Wilkerson and James Wilkerson, individually and on behalf of Amelia Wilkerson v. Baton Rouge General Medical Corporation

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

VELMA WILKERSON AND JAMES NO. 2025 CW 0449
WILKERSON INDIVIDUALLY AND

ON BEHALFE OF AMELIA

WILKERSON

VERSUS

BATON ROUGE GENERAL MEDICAL AUGUST 18, 2025
CORPORATION, ET AL

In Re: James Froelich, MD, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge, No.
671298.

BEFORE: McCLENDON, C.J., GREENE AND STROMBERG, JJ.

WRIT GRANTED WITH ORDER. The district court’s order setting
a hearing on the motion to dismiss on grounds of abandonment filed
by defendant, James Froelich, M.D., is vacated. La. Code Civ. P.
art. 561 contains no provision to set a contradictory hearing on
an ex parte motion to dismiss for abandonment. This matter is
remanded to the district court with instructions to rule on the
motion in accordance with La. Code Civ. P. art. 561.

PMc

HG
TPS

COURT OF APPEAL, FIRST CIRCUIT

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\FOR THE COURT