Louisiana Health Service & Indemnity Company v. Louisiana Dental Association, Inc.

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT LOUISIANA HEALTH SERVICE & NO. 2026 CW 0563 INDEMNITY COMPANY D/B/A BLUE CROSS AND BLUE SHIELD OF LOUISIANA AND HMO LOUISTANA, INC. VERSUS LOUISIANA DENTAL APRIL 24, 2026 ASSOCIATION, INC., ET AL.

In Re: Mark Wightman, D.D.S., Courtney Wightman, D.D.S., and Wightman Family Dental, L.L.C., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 683969.

BEFORE : WOLFE, MILLER, AND EDWARDS, JJ.

STAY DENIED; WRIT DENIED. There is no order or judgment of the district court before this court for review. Nevertheless, we note “the jurisdiction of the trial court over all matters in the case reviewable under the appeal is divested, and that of the appellate court attaches, on the granting of the order of appeal Thereafter the trial court has jurisdiction in the case only over those matters not reviewable under the appeal”. La. Code Civ. P. art. 2088(A). Any order or judgment rendered subsequent to the order granting an appeal is null if that order or judgment purports to address a matter, which is at the time reviewable under the appeal. Marrero v. I. Manheim Auctions, Inc., 2019-0365 (ha.

App. lst Cir. 11/19/19), 291 So.3d 236, 239. Matters “not reviewable under the appeal,” have generally been interpreted to give the trial court continuing jurisdiction over all issues that are unaffected by the appeal. June Med. Servs., LLC v. Landry, 2022-1087 (La. App. 1st Cir. 1/3/23), 2023 WL 149082 (unpublished).

EW SMM BDE COURT OF APPEAL, FIRST CIRCUIT FOR THE COURT