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Mumphrey v. Chalmette Medical Center, Inc.

Citations: 992 So. 2d 1022; 2008 La. LEXIS 2962; 2008 WL 4858136Docket: No. 2008-CC-2467

Court: Supreme Court of Louisiana; October 16, 2008; Louisiana; State Supreme Court

Narrative Opinion Summary

In the case of In re Chalmette Medical Center Inc. et al., the relators, including Graham, Larry; Coffey, Tim; Sewell, Jon; and Universal Health Services Inc., filed for supervisory and/or remedial writs regarding a matter from the 34th Judicial District Court Division C of St. Bernard Parish, case number 106-697. The Court of Appeal, Fourth Circuit, designated as case number 2008-C-1224, ultimately denied the petition, concluding that the relator has an adequate remedy available through the appeal process. Judges Victory and Traylor expressed dissenting opinions, indicating they would have granted the writs.

Legal Issues Addressed

Availability of Adequate Remedy through Appeal

Application: The court determined that the relator has an adequate remedy available via the appeal process, thus denying the petition for supervisory and/or remedial writs.

Reasoning: The Court of Appeal, Fourth Circuit, designated as case number 2008-C-1224, ultimately denied the petition, concluding that the relator has an adequate remedy available through the appeal process.

Judicial Disagreement in Writ Decisions

Application: Despite the majority decision to deny the writs, Judges Victory and Traylor dissented, indicating their preference to grant the writs, showcasing a division in judicial opinion on this matter.

Reasoning: Judges Victory and Traylor expressed dissenting opinions, indicating they would have granted the writs.