
    Louis MERRICK, et al. v. Dr. Francis Carter NANCE.
    No. 90-CC-0958.
    Supreme Court of Louisiana.
    May 2, 1990.
   In re Nance, Dr. Francis Carter, applying for rehearing of this court’s order of May 1, 1990, 560 So.2d 32; to the Court of Appeal, Fourth Circuit, No. 90-CW-0741; Parish of Orleans, Civil District Court, Div. “J”, No. 83-3159.

Rehearing granted. The ordering of a continuance was an abuse of discretion. However, because witnesses have been released from subpoenas, this Court’s order of May 1, 1990 is amended to order the district court to fix a trial date immediately and to commence this jury trial within thirty days, allowing time for the parties to reissue subpoenas.

CALOGERO, Chief Judge,

concurs.

I agree that the release of defense subpoenaed witnesses after plaintiff desisted from advising the court and counsel of his intention to seek writs is adequate reason for this court to grant rehearing and change its earlier order. I note, however, that the continuance of this trial under these circumstances, with neither side requesting it, was wrong, and has caused unjust expense to the parties and their lawyers, and should not be countenanced.  