
    Ben GUITREAU v. Andrew KUCHARCHUK, M.D.
    No. 98-C-0756.
    Supreme Court of Louisiana.
    Nov. 6, 1998.
   In re Kucharchuk, Andrew, M.D.; Southeastern Orthopedics, Inc.; — Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, First Circuit, No. CA97 0169; Parish of East Baton Rouge, 19th Judicial District Court, Div. “I”, No. 429,388.

Granted and remanded to the court of appeal for a decision concerning the question left open and noted in footnote 5 in Lebreton v. Rabito, 97-2221 (La.7/8/98), 714 So.2d 1226.

LEMMON, J., not on panel.

VICTORY, J.,

concurring. Because the request for a medical review panel was timely, the date of discovery is irrelevant if the court of appeal, in addressing footnote 5 of LeBreton, determines that the only pertinent time limitation for filing in the district court is the ninety day period that follows the decision by the medical review panel.  