K&F Restaurant Holdings, LTD. d/b/a IZZO'S Illegal Burrito; K&F Restaurant Operations, LLC and Osvaldo Fernandez v. Rouse's Enterprises, L.L.C. and Donald J. Rouse, Jr. ( 2020 )

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT K& F RESTAURANT HOLDINGS, NC. 2019 CW 1406 LTD., D/ B/ A IZZO' S ILLEGAL BURRITO, K& F RESTAURANT OPERATIONS, LLC, AND OSVALDO FERNANDEZ VERSUS ROUSE' S ENTERPRISES, LLC AND FEB 18 2020 DONALD J. ROUSE, JR. In Re: Rouse' s Enterprises, L. L. C. and Donald J. Rouse, Jr., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 681345. BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, JJ. WRIT GRANTED. The district court judgment of September 24, 2019 that denied the exception of lis pendens filed by defendants is reversed. La. Code Civ. P. art. 531 provides that when two or more suits are pending in a Louisiana court on the same transaction or occurrence, between the same parties in the same capacities, the defendant may have all but the first suit dismissed by excepting thereto. The action entitled 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, docket number 137, 108, filed in the 17th Judicial District Court was pending against plaintiffs herein, K& F Restaurant Holdings, Ltd., d/ b/ a Izzo' s Illegal Burrito, K& F Restaurant Operations, LLC, and Osvaldo Fernandez, in the same capacities arising from the same transaction or occurrence when this action was filed. Accordingly, the exception of lis pendens filed by defendants, Rouse' s Enterprises, L. L. C. and Donald J. Rouse, Jr., is granted, and this action filed by plaintiffs, K& F Restaurant Holdings, Ltd. d/ b/ a Izzo' s Illegal Burrito, K& F Restaurant Operations, LLC, and Osvaldo Fernandez, is dismissed, without prejudice. TMH AHP WIL COURT OF APPEAL, FIRST CIRCUIT DEPUTY CL RK OF COURT FOR THE COURT