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Louisiana Patient's Compensation Fund Oversight Board v. Edwards12/15/2004
This matter arises from a dispute over the provision of future medical care and related expenses for Alexander Lashley, a young victim of medical malpractice. The Patient's Compensation Fund Oversight Board ("PCFOB") appeals a judgment ordering it to begin modifications on the home of Lashley's grandfather and legal guardian, William T. Edwards.
The PCFOB contends that the trial court erred in overruling its exceptions of lack of subject matter jurisdiction and improper venue and that the court improperly rendered a judgment on the merits. Because we find no evidentiary basis in the record for the trial court's rulings, we vacate the trial court's judgment and remand for further proceedings to determine, in accordance with the views expressed in this opinion, whether the prerequisites for the court's jurisdiction have been met, and if so, to conduct further proceedings to review the claims presented.
FACTS
The PCFOB sought injunctive relief against William T. Edwards to obtain access to a van purchased and renovated for use as transportation for Alexander Lashley in order to determine whether the van could be repaired to remain serviceable. In response, Mr. Edwards filed a reconventional demand alleging that the PCFOB failed to provide home modifications, to pay for medical expenses, and to provide a dependable van for transportation. The PCFOB filed exceptions of lack of subject matter jurisdiction, improper venue, and no cause of action in response to the reconventional demand. The basis for these exceptions was that Edwards had neither availed himself of, nor exhausted administrative remedies with, the PCFOB and that venue was only proper in East Baton Rouge Parish as provided by La. R.S. 13:5104.
The PCFOB's exceptions were set for a hearing on March 19, 2004, at which time the trial court heard arguments by counsel and denied the exceptions of lack of subject matter jurisdiction and improper venue on the basis that the matter was properly before the court on a reconventional demand. The PCFOB then argued that Edwards' reconventional demand failed to state a cause of action due to there being no indication that Edwards had first brought the claims to the PCFOB and received an administrative decision. Argument by Edwards' counsel referred to the failure of the PCFOB to renovate Edwards' home to meet Lashley's needs even though the PCFOB had obtained the services of an architect and bids for the job . Letters evidencing the architect's efforts were attached to Edwards' opposition to the PCFOB's exceptions. The trial court ordered the PCFOB to begin work on the home modifications within thirty days or be subject to penalties of the court. The written judgment was signed on March 29, 2004.
The PCFOB sought supervisory review of the trial court's ruling, but this court determined that the ruling was in the nature of a final judgment and that the proper remedy was an appeal. Accordingly, this appeal followed.
DISCUSSION
Motion to Strike
As a preliminary matter, we must address a motion to strike filed by Edwards. He alleges that the PCFOB's rebuttal brief refers to "misrepresentations to the court" without identifying any such misrepresentations and that the brief improperly refers to information that was not part of the hearing.
Under the provisions of URCA 2-12.4 and 2-12.5, the language used in briefs is required to be "courteous, free from vile, obscene, obnoxious, or offensive expressions, and free from insulting, abusive, discourteous, or irrelevant matter or criticism ...." Although the Uniform Rules indicate that violations shall subject the author to punishment for contempt of court and t
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