Donald J. Rouse, Jr., Donald J. Rouse, Sr., Thomas B. Rouse, Allison Rouse Royster, and Rouse's Enterprises, LLC v. K&F Restaurant Holdings, Ltd. d/b/a Izzo's Illegal Burrito, K&F Restaurant Operations, LLC, G&O Pizza Holdings, Ltd. d/b/a Lit Pizza, G&O Restaurant Operations, LLC; and Osvaldo Fernandez

• Court: Louisiana Court of Appeal
• Decided: October 3, 2019
• Docket: 2019CW0586
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DONALD J. ROUSE, JR., DONALD NO. 2019 CW 0586 J. ROUSE, SR., THOMAS B. ROUSE, ALLISON ROUSE ROYSTER AND ROUSE' S ENTERPRISES, LLC

VERSUS

K& F RESTAURANT HOLDINGS, LTD. D/ B/ A IZZO' S ILLEGAL BURRITO, K& F RESTAURANT OPERATIONS, LLC, G& 0 PIZZA

HOLDINGS, LTD. D/ B/ A LIT OCT 0 3 2019 PIZZA, G& 0 RESTAURANT OPERATIONS, LLC; AND OSVALDO FERNANDEZ

In Re: K& F Restaurant Holdings, LTD D/ B/ A Izzo' s Illegal Burrito, K& F Restaurant Operations, LLC, G& 0 Pizza Holdings, LTD. D/ B/ A LIT Pizza, G& 0 Restaurant

Operations, LLC, and Osvaldo Fernandez, applying for

supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 137108.

BEFORE: GUIDRY, McCLENDON, CRAIN, HOLDRIDGE, AND CHUTZ, JJ.

WRIT GRANTED. The portion of the trial court' s May 1, 2019

judgment denying the defendants' exception raising the objection of prematurity is reversed. Louisiana courts have consistently held that an action for defamation arising out of allegations

made in judicial proceedings and against a party to those

proceedings cannot be brought until those proceedings are

terminated. Simpson v. Perry, 2003- 0116 ( La. App. lst Cir.

7/ 14/ 04), 887 So. 2d 14, 16 ( internal citations omitted.) It is undisputed that the federal litigation between the plaintiffs

and defendants, which forms the basis of the instant defamation

suit, has not been terminated in its entirety. Therefore, the

plaintiffs' suit is premature. We reverse the trial court' s

judgment insofar as it denied the defendants' exception raising the objection of prematurity. We grant the defendants' exception

raising the objection of prematurity and dismiss the plaintiffs' suit without prejudice.

JMG PMC

WRC

Holdridge, J., concurs.

Crain, J., dissents and would deny the writ.

P./DEP X-7 T LERK OF COURT FOR THE COURT