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FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE #070

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 19th day of October, 2010, are as follows:

PER CURIAM: 2009-CC-2645 DENNIS ALBRITTON, MONA ALBRITTON AND TIMOTHY ALBRITTON O / B / O DONALD ALBRITTON (D) v. GREG SALARD, M.D. JOHN REEVES, M. D. AND GLENWOOD REGIONAL MEDICAL CENTER Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball. Accordingly, we recall our order of April 23, 2010 as improvidently granted, and we deny defendant's writ application. Weimer, J., dissents and assigns reasons. Victory, J., dissents and assigns reasons.

10/19/10

SUPREME COURT OF LOUISIANA No. 09-CC-2645 DENNIS ALBRITTON, MONA ALBRITTON AND TIMOTHY ALBRITTON O/B/O DONALD ALBRITTON (D) VERSUS GREG SALARD, M.D., JOHN REEVES, M.D. AND GLENWOOD REGIONAL MEDICAL CENTER

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND CIRCUIT, PARISH OF OUACHITA

PER CURIAM*
We granted defendant's application for a writ of certiorari in this case on April 23, 2010. After hearing oral arguments and reviewing the record of the matter, we conclude the judgment below does not require the exercise of this court's supervisory authority. Accordingly, we recall our order of April 23, 2010 as improvidently granted, and we deny defendant's writ application.

Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.

*

10/19/10 SUPREME COURT OF LOUISIANA
No. 09-CC-2645 DENNIS ALBRITTON, MONA ALBRITTON AND TIMOTHY ALBRITTON O/B/O DONALD ALBRITTON (D) VERSUS GREG SALARD, M.D., JOHN REEVES, M.D., AND GLENWOOD REGIONAL MEDICAL CENTER
On Writ of Certiorari to the Court of Appeal, Second Circuit, Parish of Ouachita

WEIMER, J., dissenting. I respectfully dissent. Although I believe the trial court and court of appeal did not err, I would not recall the writ after it had been granted.

10/19/10

SUPREME COURT OF LOUISIANA
No. 09-CC-2645 DENNIS ALBRITTON, MONA ALBRITTON AND TIMOTHY ALBRITTON O/B/O DONALD ALBRITTON (D) VERSUS GREG SALARD, M.D., JOHN REEVES, M.D., AND GLENWOOD REGIONAL MEDICAL CENTER ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND CIRCUIT, PARISH OF OUACHITA VICTORY, J., dissenting. I dissent from the per curiam opinion recalling our prior grant of defendant's writ application. In my view, the Court should have authored a full opinion to consider the issues presented in this case.



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