Stay Denied; Writ Denied in Louisiana Health Service v. Louisiana Dental Association
Summary
The Louisiana Court of Appeal, First Circuit denied both a stay and a supervisory writ application on April 24, 2026 (Docket No. 2026 CW 0563), finding no order or judgment of the district court was properly before it for review. The court explained that upon granting an order of appeal, the trial court's jurisdiction is divested as to matters reviewable under the appeal, and any subsequent order addressing such matters is null. The underlying dispute involves Louisiana Health Service & Indemnity Company d/b/a Blue Cross and Blue Shield of Louisiana against the Louisiana Dental Association and Wightman Family Dental, L.L.C.
“Any order or judgment rendered subsequent to the order granting an appeal is null if that order or judgment purports to address a matter, which is at the time reviewable under the appeal.”
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What changed
The Louisiana Court of Appeal denied both a stay and a writ of supervisory review in the dispute between Louisiana Health Service & Indemnity Company and the Louisiana Dental Association, concluding it lacked jurisdiction because no district court order was properly before it. The court cited La. Code Civ. P. art. 2088(A), explaining that once an order of appeal is granted, the trial court loses jurisdiction over matters reviewable on appeal, and any order issued thereafter addressing those matters is void.
Parties seeking appellate review in Louisiana should ensure that an actual appealable judgment or order from the trial court exists before the appellate court can exercise jurisdiction. Litigants in insurance coverage disputes who file premature appeals while the trial court continues to address related matters risk having subsequent trial court orders declared null for lack of jurisdiction.
Archived snapshot
Apr 25, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 24, 2026 Get Citation Alerts Download PDF Add Note
Louisiana Health Service & Indemnity Company v. Louisiana Dental Association, Inc.
Louisiana Court of Appeal
- Citations: None known
- Docket Number: 2026 CW 0563
Precedential Status: Unknown Status
Combined Opinion
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
LOUISIANA HEALTH SERVICE & NO. 2026 CW 0563
INDEMNITY COMPANY D/B/A BLUE
CROSS AND BLUE SHIELD OF
LOUISIANA AND HMO LOUISTANA,
INC.
VERSUS
LOUISIANA DENTAL APRIL 24, 2026
ASSOCIATION, INC., ET AL.
In Re: Mark Wightman, D.D.S., Courtney Wightman, D.D.S., and
Wightman Family Dental, L.L.C., applying for supervisory
writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 683969.
BEFORE : WOLFE, MILLER, AND EDWARDS, JJ.
STAY DENIED; WRIT DENIED. There is no order or judgment of
the district court before this court for review. Nevertheless, we
note “the jurisdiction of the trial court over all matters in the
case reviewable under the appeal is divested, and that of the
appellate court attaches, on the granting of the order of appeal
Thereafter the trial court has jurisdiction in the case only
over those matters not reviewable under the appeal”. La. Code
Civ. P. art. 2088(A). Any order or judgment rendered subsequent
to the order granting an appeal is null if that order or judgment
purports to address a matter, which is at the time reviewable under
the appeal. Marrero v. I. Manheim Auctions, Inc., 2019-0365 (ha.
App. lst Cir. 11/19/19), 291 So.3d 236, 239. Matters “not
reviewable under the appeal,” have generally been interpreted to
give the trial court continuing jurisdiction over all issues that
are unaffected by the appeal. June Med. Servs., LLC v. Landry,
2022-1087 (La. App. 1st Cir. 1/3/23), 2023 WL 149082 (unpublished).
EW
SMM
BDE
COURT OF APPEAL, FIRST CIRCUIT
FOR THE COURT
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