MOY MOORE v. OUACHITA HEALTHCARE NURSING AND REHABILITATION CENTER (2019)

Respectfully, the trial judge abused his discretion in this case. The statute favors those who have reached the age of 70 OR who present documentation of illness. The 70 is automatic. The reasons given by the trial judge evidence a misapprehension of the law, as he refers to those who are 70 or 80 AND have some medical issues, and further “just because a person is 70 years old AND has some health issues ․”

In this situation all parties do not stand equal before the law. Other parties do have to take a back seat and the judge does have to stop what he's doing.

Given that two of the plaintiffs are already deceased, the interests of justice compel the remedy dictated by the Legislature.

Hughes, J., would grant the writ.

Johnson, C.J., would grant. Hughes, J., would grant and assigns reasons.