Opinion
2021 CW 1604
07-08-2022
GARY BEARD v. LOUISIANA BUSINESS, INC. D/B/A BATON ROUGE BUSINESS REPORT, DWIGHT HUDSON, MATT WATSON
In Re: Dwight Hudson and Matt Watson, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 688101.
BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.
WRIT GRANTED WITH ORDER. On de novo review, we conclude the district court erred as a matter of law in denying the special motion to strike filed by defendants, Dwight Hudson and Matt Watson. Defendants established that their comments were made in the exercise of their right of free speech in connection with a public issue, namely, the expenditure of public funds by the Mosquito Abatement and Rodent Control District. Cf. Lacerte v. State, 2019-1401 (La.App. 1st Cir. 1/4/21), 317 So.3d 763, writ denied, 2021-00193 (La. 3/23/21), 313 So.3d 272. The burden shifted to plaintiff, who failed to establish a probability of success on the claims against defendants. Accordingly, the June 3, 2021 judgment is hereby reversed, the special motion to strike filed by Dwight Hudson and Matt Watson is granted, and plaintiff's claims filed against defendants, Dwight Hudson and Matt Watson, are dismissed. The matter is remanded to the district court for an award of reasonable attorney fees and costs to the prevailing parties pursuant to La. Code Civ. P. art. 971(B).
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