Iles v. Ogden

hi respectfully concur.

The law does not permit a collateral attack on a final, definitive judgment1 that is close to two-years old. We cannot order that the entirety of the contingent balance be paid to Ms. lies. And similarly, we cannot order the state’s insurer to pay the contingent balance into the Future Medical Care Fund (“FMCF”).

In lies v. Ogden, 09-0820 (LaApp. 4 Cir. 2/26/10), 37 So.3d 427, units denied, 10-0863 (La.9/3/10), 44 So.3d 694 and 10-0986 (La.9/3/10), 44 So.3d 695, we amended our original decree on rehearing to state in pertinent part as follows:

IT IS FURTHER ORDERED,…