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Louisiana Patient's Compensation Fund Oversight Board v. Edwards12/15/2004
ingly, we must vacate the trial court's judgment in its entirety.
Having vacated the trial court's judgment, we find that remand is necessary in order for the trial court to conduct an evidentiary hearing to determine whether it has subject matter jurisdiction over the claims asserted by Edwards in the reconventional demand. The trial court must determine whether Edwards' claims have been presented to the PCFOB and whether the PCFOB has made a decision on the claims. If the court finds that the prerequisites for subject matter jurisdiction have been met as to any of the claims, then it may review the PCFOB's actions "pursuant to well established principles of judicial review" as stated by the supreme court in Kelty, supra.
We also remind the parties that at the center of this dispute is a young man in need of medical care and that his needs, rather than the parties' disputes, are paramount. We share in the trial court's frustration regarding the seeming lag in the provision of services, particularly home modifications, and the lack of cooperation between the parties. The PCFOB and Mr. Edwards are encouraged to work together to ensure that Mr. Lashley's needs are met in accordance with the PCFOB's guidelines.
Finally, we note that Edwards filed a brief in which he argued that the PCFOB's appeal should be dismissed because it is not a final judgment and has not been certified for immediate appeal. However, based on our decision to vacate the trial court's judgment, our prior denial of supervisory review, and the failure of Edwards to file an answer as required by La. C.C.P. art. 2133(A), we decline to address Edwards' argument.
CONCLUSION
In light of the reasons expressed in this opinion, we vacate the trial court's judgment and remand the matter for further evidentiary proceedings to determine, in accordance with the views expressed in this opinion, whether the district court has subject matter jurisdiction over the claims asserted in the reconventional demand and for other proceedings as may be necessary.
VACATED AND REMANDED.
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