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Bankston v. Alexandria Neurosurgical Clinic

Citations: 548 So. 2d 314; 1989 La. LEXIS 2107; 1989 WL 109016Docket: No. 89-CC-1435

Court: Supreme Court of Louisiana; September 22, 1989; Louisiana; State Supreme Court

Narrative Opinion Summary

Mary Bankston applied for supervisory and/or remedial writs in the Parish of Rapides, 9th Judicial District Court, Div. C, case No. 152,615, which was subsequently taken to the Court of Appeal, Third Circuit, No. CW89-0312. The request was granted in part and denied in part. The relator represented that she has not sought relief in the court of appeal and is requesting a direct appeal from the district court concerning various rulings on exceptions. The application is remanded to the court of appeal for further consideration.

Legal Issues Addressed

Application for Supervisory and/or Remedial Writs

Application: Mary Bankston applied for supervisory and/or remedial writs in the Ninth Judicial District Court, indicating her request for higher court intervention in the lower court's decision-making process.

Reasoning: Mary Bankston applied for supervisory and/or remedial writs in the Parish of Rapides, 9th Judicial District Court, Div. C, case No. 152,615...

Direct Appeal from District Court Rulings

Application: The relator, Mary Bankston, sought a direct appeal from the district court concerning various rulings on exceptions, demonstrating her pursuit of appellate review without prior relief in the court of appeal.

Reasoning: The relator represented that she has not sought relief in the court of appeal and is requesting a direct appeal from the district court concerning various rulings on exceptions.

Remand for Further Consideration by Court of Appeal

Application: The case was remanded to the Court of Appeal for additional review, highlighting the appellate court's role in further examining aspects of the case that were not resolved at the district court level.

Reasoning: The application is remanded to the court of appeal for further consideration.