Beverly Lebouef v. Dr. Joseph O'Donnell

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

CA 11-921

BEVERLY A. LEBOUEF

VERSUS

DR. JOSEPH O'DONNELL, ET AL.

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APPEAL FROM THE
FOURTEENTH JUDICIAL DISTRICT COURT
PARISH OF CALCASIEU, NO. 2008-3946
HONORABLE CLAYTON DAVIS, DISTRICT JUDGE

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MARC T. AMY

JUDGE

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Court composed of Sylvia R. Cooks, Jimmie C. Peters, and Marc T. Amy, Judges.

REMANDED.

Richard B. Cappel
Raggio, Cappel, Chozen & Berniard
Post Office Box 820
Lake Charles, LA 70602
(337) 436-9481
COUNSEL FOR DEFENDANT/APPELLANT:
Dr. Joseph O'Donnell

John Gregory Bergstedt
Attorney at Law
Post Office Box 4886
Lake Charles, LA 70606-4886
(337) 478-8595
COUNSEL FOR DEFENDANTS/APPELLEES:
Louisiana Medical Mutual Insurance Company
Dr. Rachel Chua

Randall Earl Hart
Attorney at Law
1301 Common St.
Lake Charles, LA 70601
(337) 439-2450
COUNSEL FOR PLAINTIFF/APPELLEE:
Beverly LeBouef

AMY, Judge.

The defendant-appellant, Dr. Joseph O’Donnell, has filed a peremptory

exception of prescription in this court. The plaintiff-appellee, Beverly LeBouef, has

filed a Motion for Remand on Defendant’s Peremptory Exception of Prescription. We

hereby remand this appeal.

Louisiana Code of Civil Procedure Article 2163 states:

The appellate court may consider the peremptory exception filed
for the first time in that court, if pleaded prior to a submission of the case
for a decision, and if proof of the ground of the exception appears of
record.

If the ground for the peremptory exception pleaded in the appellate
court is prescription, the plaintiff may demand that the case be remanded
to the trial court for trial of the exception.

Pursuant to the second paragraph of Article 2163, the plaintiff has demanded

that this case be remanded to the trial court for a trial of the exception of prescription.

Therefore, we hereby remand this matter to the trial court for an adjudication of the

exception of prescription.

REMANDED.

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION.
Rule 2-16.3 Uniform Rules, Court of Appeal.