KUHN v. CARRADINE (2022)

Court of Appeal of Louisiana, Fifth Circuit.

William KUHN, et al v. John R. CARRADINE, et al

NO. 22-C-15

Decided: March 15, 2022

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.

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