KAYLA NEVILLE NO. 24-C-342 VERSUS FIFTH CIRCUIT JOHN W. REDMANN, LAW OFFICE OF COURT OF APPEAL JOHN W. REDMANN, AND XYZ INSURANCE COMPANY STATE OF LOUISIANA

September 04, 2024 Linda Wiseman First Deputy Clerk

IN RE KAYLA M. NEVILLE APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN D. ENRIGHT, JR., DIVISION "N", NUMBER 816-050

Panel composed of Judges Marc E. Johnson, Scott U. Schlegel, and Timothy S. Marcel

WRIT DENIED Plaintiff, Kayla Neville, seeks review of the trial court’s June 12, 2024 judgment denying her Renewed Motion for Partial Summary Judgment.

Plaintiff filed this legal malpractice action against defendants, John Redmann and the Law Office of John Redmann, alleging that the medical review panel request that defendants filed on her behalf was untimely. In the sole assignment of error raised in her writ application, plaintiff asserts that the trial court erred by failing to rule that defendants were “the only parties who acted negligently, and thus, were solely liable to Plaintiff for the untimely filing of the Request for a Medical Review Panel against Dr. Felix Savoie.” Plaintiff further contends that defendants are the sole cause of her damages and should be held liable as a matter of law.

Plaintiff bases her request for partial summary judgment primarily on her position that this Court’s prior ruling in In Re Medical Review Panel for Claim of Kayla Marles Neville, 20-127 (La. App. 5 Cir. 6/30/20) (unpublished writ decision), writ denied, 20-968 (La. 11/4/20), 303 So.3d 648, which granted Dr. Savoie’s exception for prescription in the underlying medical malpractice action, establishes defendants’ liability for legal malpractice as a matter of law. It does not. This Court previously addressed and rejected this argument in our decision reversing the trial court’s judgment granting plaintiff’s original motion for partial summary judgment in Neville v. Redmann, 22-175 (La. App. 5 Cir. 12/31/22), 356 So.3d 568, writ denied, 23- (La. 4/4/23), 358 So.3d 861. Furthermore, following our de novo review, we find that the trial court did not err by concluding that genuine issues of material fact exist which preclude partial summary judgment in this matter.

Accordingly, this writ application is denied.1 Gretna, Louisiana, this 4th day of September, 2024.

SUS MEJ TSM

We further observe that plaintiff’s writ application failed to provide all attachments required by Uniform Rules – Courts of Appeal Rule 4-5, including a copy of the trial court’s judgment, plaintiff’s renewed motion for partial summary judgment, and defendants’ opposition and exhibits. We were only able to review these items because defendants attached them to their opposition to the writ application.

SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL 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 09/04/2024 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:

24-C-342 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Stephen D. Enright, Jr. (DISTRICT JUDGE) John O. Pieksen, Jr. (Relator) Michael G. Bagneris (Relator) Melissa M. Lessell (Respondent) Karen P. Holland (Respondent) Beverly A. Delaune (Respondent) MAILED Zackory K. Wood (Respondent) Blair E. Boyd (Respondent) Attorney at Law Attorney at Law Poydras Street 755 Magazine Street Suite 1850 New Orleans, LA 70130 New Orleans, LA 70130