
    Deborah DESCANT, et al. v. Eduardo HERRERA, M.D.
    No. 2005-C-0166.
    Supreme Court of Louisiana.
    April 1, 2005.
   In re Descant, Leon J.; Descant, Deborah; — Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. F, Nos. 2000-13735; to the Court of Appeal, Fourth Circuit, No. 2003-CA-0953.

Writ denied.

CALOGERO, C.J., concurs in the writ denial with reasons.

h CALOGERO, Chief Justice

concurs in the writ denial.

I would prefer to grant this application for the facts are undisputed and the trial court made a correct determination that plaintiffs are entitled to summary judgment in their nullity action, in my view.

However, because the harm in denying this application is only delay, I simply concur in the court’s action today. I believe that the district court judge who ruled that plaintiffs were entitled to summary judgment in their favor will likely render the same ultimate ruling nullifying the pro-defense jury verdict entered earlier in the case.  