Billeaudeau v. Opelousas General Hospital Authority

LI dissent from the majority’s opinion. I would reverse the trial court.

*567Initially, I disagree with the majority’s contention that this matter is governed by the doctrine of law of the.case by virtue of the denial of the Authority’s application for writs. The denial was simple. There was no finding in the denial that the trial court did not err. In fact, Judge Peters concurred specifically on the basis that he would find no error on the trial court’s part. Without a determination that the trial court did not érr, a' denial of writs does not constitute law of the case. See Waller v. State,…