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
Also decided on this docket: La. Ct. App. 1st Cir., November 12, 2019
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, No. 2019CW0586 (La. Ct. App. 1st Cir. Oct. 3, 2019).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Simpson v. Perry 887 So. 2d 14
Opinion text
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.
COURT OF APPEAL, FIRST CIRCUIT
P./DEP
X-7
T LERK OF COURT
FOR THE COURT