Lirette Neville, Individually And On Behalf Of Her Late Son, Tristen Edgerson (d) v. Lcmc Health Holdings, Inc. D/b/a East Jefferson General Hospital And Michael C. Greib, M.D. C/w Lirette Neville, Individually And On Behalf Of Her Late Son, Tristen
Lirette Neville, Individually And On Behalf Of Her Late Son, Tristen Edgerson (d) v. Lcmc Health Holdings, Inc. D/b/a East Jefferson General Hospital And Michael C. Greib, M.D. C/w Lirette Neville, Individually And On Behalf Of Her Late Son, Tristen, No. 2025-C-00417 (La. June 17, 2025).
Authorities cited
Identified automatically; this list may not be exhaustive.
- 377 So. 3d 389 not in our corpus
Opinion text
Supreme Court of Louisiana
June 17, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
LIRETTE NEVILLE, INDIVIDUALLY AND ON
BEHALF OF HER LATE SON, TRISTEN
EDGERSON (D) VS. LCMC HEALTH
HOLDINGS, INC. D/B/A EAST JEFFERSON
GENERAL HOSPITAL AND MICHAEL C.
GREIB, M.D.
C/W
LIRETTE NEVILLE, INDIVIDUALLY AND ON
BEHALF OF HER LATE SON, TRISTEN
EDGERSON (D) VS. LCMC HEALTH
HOLDINGS, INC. D/B/A EAST JEFFERSON
GENERAL HOSPITAL AND MICHAEL C.
GREIB, M.D.
No. 2025-C-00417
_ _
_ _ _ _
I
N RE: Lirette Neville, et al. - Applicant Plaintiff; Lirette Neville - Applicant
Plaintiff; Lirette Neville, individually and on behalf of her late son, Tristen Edgerson
(D)
- Applicant Plaintiff; Applying For Writ Of Certiorari, Parish of Orleans Civil,
Civil District Court Number(s) 2023- 10574, Court of Appeal, Fourth Circuit,
Number(s) 2024-CA-0305;
_ _ _ _ _ _
June 17, 2025
Writ application granted. See per curiam.
JMG
JLW
JDH
WJC
JBM
PDG
CRC
06/17/2025 "See News Release 028 for any Concurrences and/or Dissents."
SUPREME COURT OF LOUISIANA
No. 2025-C-00417
LIRETTE NEVILLE, INDIVIDUALLY AND ON BEHALF OF HER LATE
SON, TRISTEN EDGERSON (D)
VS.
LCMC HEALTH HOLDINGS, INC. D/B/A EAST JEFFERSON GENERAL
HOSPITAL AND MICHAEL C. GREIB, M.D.
C/W
LIRETTE NEVILLE, INDIVIDUALLY AND ON BEHALF OF HER LATE
SON, TRISTEN EDGERSON (D)
VS.
LCMC HEALTH HOLDINGS, INC. D/B/A EAST JEFFERSON GENERAL
HOSPITAL AND MICHAEL C. GREIB, M.D.
On Writ of Certiorari to the Court of Appeal, Fourth Circuit, Parish of Orleans
Civil
PER CURIAM.
Writ Granted. The court of appeal erred in limiting its review of the
plaintiff’s appeal to a determination of whether the trial court erred in granting
the ex parte motion to enforce judgment and dismissing the plaintiff’s case with
prejudice. In the context of the plaintiff’s unrestricted appeal of the July 2,
2024 judgment, which was a final and appealable judgment, she was entitled
to seek review of the trial cou rt’s adverse ruling sustaining the defendants’
peremptory exception raising the objection of no cause of action, which was an
interlocutory judgment as the court allowed the plaintiff an opportunity to
amend her petition and did not dismiss her medical malpractice action in the
ruling. See Stanley v. Housing Authority of New Orleans , 23-0192, p. 19 (La.
App. 4th Cir. 11/8/23), 377 So. 3d 389, 403 (“A judgment granting an exception
of no cause of action but providing leave to amend the petition is not a final
judgment or an interlocutory judgment subject to appeal. Rather, such a
judgment merely permits an amendment within the delay allowed by the trial
court as provided by La. C.C.P. art. 934.”). We therefore vacate the judgment
of the court of appeal and rema nd this matter with instructions that the
appellate court consider the merits of the errors assigned by the plaintiff on
appeal.
VACATED AND REMANDED.