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

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