ORDER
IT IS ORDERED that the application for rehearing filed by Touro Infirmary is hereby DENIED.
New Orleans, Louisiana this 15 th day ofFebruary, 2007.
Jones. J., Dissents and Would Grant the Application for Recharging
JUDGE CHARLES R. JONES
JUDGE DENNIS R. BAGNERIS SR.
JUDGE ROLAND L. BELSOME
JONES, J., DISSENTS AND WOULD GRANT THE APPLICATION FOR REHEARING.
While I agree that the disposition of this Court was correct, I would grant the application for rehearing for the sole purpose of addressing the legal arguments of the applicant.
Material issues of fact remain, precluding the granting of a motion for summary judgment. However, in denying this application for rehearing, Movers are entitled to have this Court revisit the legal arguments forming the basis for support of the application for rehearing.