KATHRYN STEELE AND STEELE STRATEGIES INC v. IN RE MICHAEL KOTLER MD PELICAN STATE INDUSTRIAL MEDICINE INC MCM MEDCLINIC MANAGEMENT LLC AND ELITE HEALTHCARE LLC (2024)

WRIT DISMISSED

Relators, third party plaintiffs Michael D. Kotler, Pelican State Industrial Medicine, Inc., MCM Medicine Management, LLC, and Elite Healthcare, L.L.C., seek this Court's supervisory review of the trial court's judgment of November 21, 2024, which granted the peremptory exception of no cause of action filed by third party defendants Brandon Robbins and Shannon Robbins-Davidoff, dismissing the third party demand against them and disposing of all claims against them.

Upon review, we find that the judgment complained of is a final judgment as per La. C.C.P. art. 1915(A)(1), which provides:

A. A final judgment may be rendered and signed by the court, even though it may not grant the successful party or parties all of the relief prayed for, or may not adjudicate all of the issues in the case, when the court:

(1)Dismisses the suit as to less than all of the parties, defendants, third party plaintiffs, third party defendants, or intervenors.

Thus, this Court does not have supervisory jurisdiction to review this final judgment. Relators may seek appellate review of this judgment by timely filing a motion for an appeal in the district court as per La. C.C.P. art. 2121.

Accordingly, this writ application is dismissed.

Gretna, Louisiana, this 6th day of December, 2024.

JGG

SMC

SUS

FIFTH CIRCUIT

101 DERBIGNY STREET (70053)

POST OFFICE BOX 489

GRETNA, LOUISIANA 70054

www.fifthcircuit.org

SUSAN M. CHEHARDY CHIEF JUDGE

FREDERICKA H. WICKER

JUDE G. GRAVOIS

MARC E. JOHNSON

STEPHEN J. WINDHORST

JOHN J. MOLAISON, JR.

SCOTT U. SCHLEGEL

TIMOTHY S. MARCEL

JUDGES

CURTIS B. PURSELL CLERK OF COURT

SUSAN S. BUCHHOLZ CHIEF DEPUTY CLERK

LINDA M. WISEMAN FIRST DEPUTY CLERK

MELISSA C. LEDET DIRECTOR OF CENTRAL STAFF

(504) 376-1400

(504) 376-1498 FAX

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 12/06/2024 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:

CURTIS B. PURSELL CLERK OF COURT

24-C-581

E-NOTIFIED

24th Judicial District Court (Clerk)

Honorable Ellen Shirer Kovach (DISTRICT JUDGE)

Daniel G. Collarini (Relator)

MAILED

William H. Eckert (Relator)

Attorney at Law

201 St. Charles Avenue

Suite 2500

New Orleans, LA 70170

Franklin J. Foil (Respondent)

Attorney at Law

412 North Fourth Street

Suite 240

Baton Rouge, LA 70802

Elizabeth A. Roussel (Respondent)

Attorney at Law

701 Poydras Street

Suite 4500

New Orleans, LA 70130