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