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

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 NOVEMBER 12, 2019 BURRITO, K& F RESTAURANT OPERATIONS, LLC, G& 0 PIZZA HOLDINGS, LTD. D/ B/ A LIT PIZZA, G& 0 RESTAURANT

OPERATIONS, LLC; AND OSVALDO FERNANDEZ

In Re: Donald J. Rouse, Jr., Donald J. Rouse, Sr., Thomas B.

Rouse, Allison Rouse Royster and Rouse' s Enterprises, LLC, applying for Rehearing, 17th Judicial District Court, Parish of Lafourche, No 137108.

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

APPLICATION FOR REHEARING GRANTED. We grant the application for rehearing filed by the plaintiffs and amend this court' s prior writ action that dismissed the plaintiffs' suit in its entirety, without prejudice, as premature. On rehearing, the

plaintiffs established that they amended their original petition after the defendants filed the exception of prematurity, which

was the subject to this court' s writ action, to include a

request for declaratory judgment. Because the defendants'

exception of prematurity did not seek to dismiss the plaintiffs' claim for declaratory judgment, this court' s prior writ action

is amended to dismiss, without prejudice, only plaintiffs' claim for defamation, as set forth in the plaintiffs' Verified Petition for Damages.

JMG

PMC

GH

WRC

Crain, J., concurs in granting the application for rehearing, but otherwise dissents and would vacate the prior writ action and deny the writ.

COURT OF APPEAL, FIRST CIRCUIT

DEPUT CLARK OF COURT FOR THE COURT