STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT FRANK RABORN NO. 2022 CW 0232 VERSUS JEFFREY R. ALBEA, M.D., APRIL 1, 2022 SHAWN G. DUNN, M.D., THE NEUROMEDICAL CENTER ( A PROFESSIONAL MEDICAL CORPORATION) EBI, LP AND SYNTHES USA SALES, LIMITED LIABILITY COMPANY

In Re: Jeffrey R. Albea, M. D. and The Neuromedical Center, A.P.M.C., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 583,675.

BEFORE: McCLENDON, THERIOT, AND WELCH, JJ.

WRIT DENIED. The criteria set forth in Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 ( La. 1981) ( per curiam) are not met.

MRT JEW

Mcclendon, J. ' dissents and would grant the writ application.

COURT OF APPEAL, FIRST CIRCUIT

PUTY CLERK OF COURT FOR THE COURT