William Kuhn Versus John R. Carradine

WILLIAM KUHN, ET AL NO. 22-C-15

VERSUS FIFTH CIRCUIT

JOHN R. CARRADINE, ET AL COURT OF APPEAL

STATE OF LOUISIANA

March 15, 2022

Nancy F. Vega
Chief Deputy Clerk

IN RE JOHN R. CARRADINE, DPM AND JOHN R. CARRADINE, DPM, LLC

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT
COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
DONALD A. ROWAN, JR., DIVISION "L", NUMBER 816-722

Panel composed of Judges Susan M. Chehardy,
Fredericka Homberg Wicker, and John J. Molaison, Jr.

WRIT GRANTED IN PART; ORDER VACATED; REMANDED

In this civil action based upon alleged medical malpractice, the relators, Dr.
John R. Carradine, DPM, LLC, and Dr. John R. Carradine, seek review of the trial
court’s denial of their motion for summary judgment. This Court, pursuant to La.
C.C.P. art. 966(H), assigned this matter for oral argument.

We pretermit discussion of the merits of relators’ application based upon our
finding after a de novo review of the record that there is a pending oral motion to
continue the hearing on the motion for summary judgment. Because we find that a
ruling on the oral motion to continue could be dispositive of the issue raised
regarding the timeliness of the affidavit submitted by plaintiff-respondent and,
given the unique set of facts presented in this writ application, we grant the writ in
part and vacate the trial court’s judgment denying relators’ motion for summary
judgment. Accordingly, this matter is remanded for further proceedings, including
a ruling on the pending motion to continue.

Gretna, Louisiana, this 15th day of March, 2022.

JJM
SMC
FHW

22-C-15

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

NANCY F. VEGA
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON SUSAN S. 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 03/15/2022 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:

22-C-15
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Donald A. Rowan, Jr. (DISTRICT JUDGE)
Leonard L. Levenson (Respondent) Kristine K. Sims (Respondent)
Christian W. Helmke (Respondent)

MAILED
Michael W. Adley (Relator)
Bethany Breaux Percle (Relator)
Attorney at Law
Post Office Drawer 51769
Lafayette, LA 70505

• Complete Items 1, 2, and 3.
• Print your name and address on the revenie
so that we can ratum the card to you.
• Attach this card to the back of the mallplece.
or on the front If apace permits.
1. Artlcte Addressed to: ...- D. la dellllery address dltferwlt from Item 1? D Yee
s. ~f"c.4 /\.A · Ad~ If YES, enter delivery address below: O No

P·O·~~ S\t6't
Lo...~~e.~, ~ 70SOS
a.::>--C - \S
II ~1~1111111111111 II Im 111111 ~ 111111 "
I
9590 9402 2434 6249 3552 10

I PS Form 3811, July 2015 PSN 7530-02-()()0.9053
-· "