WILLIAM KUHN, ET AL NO. 22-C-15 VERSUS FIFTH CIRCUIT JOHN R. CARRADINE, ET AL COURT OF APPEAL STATE OF LOUISIANA

March 15, 2022 Nancy F. Vega Chief Deputy Clerk

IN RE JOHN R. CARRADINE, DPM AND JOHN R. CARRADINE, DPM, LLC APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE DONALD A. ROWAN, JR., DIVISION "L", NUMBER 816-722

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.

JJM SMC FHW

22-C-15 SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

NANCY F. VEGA FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN S. BUCHHOLZ STEPHEN J. WINDHORST FIRST DEPUTY CLERK HANS J. LILJEBERG JOHN J. MOLAISON, JR. FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org

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 03/15/2022 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:

22-C-15 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Donald A. Rowan, Jr. (DISTRICT JUDGE) Leonard L. Levenson (Respondent) Kristine K. Sims (Respondent) Christian W. Helmke (Respondent) MAILED Michael W. Adley (Relator) Bethany Breaux Percle (Relator) Attorney at Law Post Office Drawer 51769 Lafayette, LA 70505 • Complete Items 1, 2, and 3. • Print your name and address on the revenie so that we can ratum the card to you. • Attach this card to the back of the mallplece. or on the front If apace permits.

1. Artlcte Addressed to: ...- D. la dellllery address dltferwlt from Item 1? D Yee s. ~f"c.4 /\.A · Ad~ If YES, enter delivery address below: O No P·O·~~ S\t6't Lo...~~e.~, ~ 70SOS a.::>--C - \S II ~1~1111111111111 II Im 111111 ~ 111111 " I 9590 9402 2434 6249 3552 10

I PS Form 3811, July 2015 PSN 7530-02-()()0.9053 -· "