KATHRYN STEELE AND STEELE NO. 24-C-581 STRATEGIES, INC. FIFTH CIRCUIT VERSUS COURT OF APPEAL MICHAEL D. KOTLER, PELICAN STATE INDUSTRIAL MEDICINE, INC., MCM STATE OF LOUISIANA MEDCLINIC MANAGEMENT, LLC AND ELITE HEALTHCARE, LLC

December 06, 2024 Linda Wiseman First Deputy Clerk

IN RE MICHAEL KOTLER, MD, PELICAN STATE INDUSTRIAL MEDICINE, INC., MCM MEDCLINIC MANAGEMENT, LLC AND ELITE HEALTHCARE, LLC APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE ELLEN SHIRER KOVACH, DIVISION "K", NUMBER 838-907

Panel composed of Judges Susan M. Chehardy, Jude G. Gravois, and Scott U. Schlegel

WRIT DISMISSED Relators, third party plaintiffs Michael D. Kotler, Pelican State Industrial Medicine, Inc., MCM Medicine Management, LLC, and Elite Healthcare, L.L.C., seek this Court’s supervisory review of the trial court’s judgment of November 21, 2024, which granted the peremptory exception of no cause of action filed by third party defendants Brandon Robbins and Shannon Robbins-Davidoff, dismissing the third party demand against them and disposing of all claims against them.

Upon review, we find that the judgment complained of is a final judgment as per La. C.C.P. art. 1915(A)(1), which provides: A. A final judgment may be rendered and signed by the court, even though it may not grant the successful party or parties all of the relief prayed for, or may not adjudicate all of the issues in the case, when the court: (1) Dismisses the suit as to less than all of the parties, defendants, third party plaintiffs, third party defendants, or intervenors.

24-C-581 Thus, this Court does not have supervisory jurisdiction to review this final judgment. Relators may seek appellate review of this judgment by timely filing a motion for an appeal in the district court as per La. C.C.P. art. 2121.

Accordingly, this writ application is dismissed.

Gretna, Louisiana, this 6th day of December, 2024.

JGG SMC SUS

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 12/06/2024 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-581 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Ellen Shirer Kovach (DISTRICT JUDGE) Daniel G. Collarini (Relator) MAILED William H. Eckert (Relator) Franklin J. Foil (Respondent) Elizabeth A. Roussel (Respondent) Attorney at Law Attorney at Law Attorney at Law St. Charles Avenue 412 North Fourth Street 701 Poydras Street Suite 2500 Suite 240 Suite 4500 New Orleans, LA 70170 Baton Rouge, LA 70802 New Orleans, LA 70130