NEVILLE v. LCMC HEALTH HOLDINGS INC (2025)

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 court'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 remand this matter with instructions that the appellate court consider the merits of the errors assigned by the plaintiff on appeal.

VACATED AND REMANDED.

PER CURIAM.