Opinion
NO. 2013 CW 1521
2013-09-24
LAURA AND TERRY KING v. ST. TAMMANY PARISH CORONER'S OFFICE AND MELANIE COMEAUX, IN HER OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR AND PUBLIC RECORDS CUSTODIAN OF ST. TAMMANY PARISH CORONER'S OFFICE
In Re: Laura and Terry King, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2012-14983.
BEFORE: WHIPPLE, C.J., PARRO AND WELCH, JJ.
GRANTED IN PART; DENIED IN PART. The writ application concerning that portion of the April 17, 2013 judgment of the trial court that denied the Kings' Special Motion to Strike is denied in part and granted in part. The writ is denied as to the portion of the Coroner's Office's reconventional demand alleging abuse of process, since that claim is not subject to a Special Motion to Strike under LSA-C.C.P. art. 971. See Hebert v. La. Licensed Prof'l Vocational Rehab. Counselors, 07-0610 (La. App. 3rd Cir. 3/4/09), 4 So.3d 1002, 1010, writs denied, 09-0750 and 753 (La. 5/22/09), 9 So.3d 144. As to all other claims set forth in the Coroner's Office's reconventional demand, the writ is granted and the judgment of the trial court is reversed. The Kings carried their burden of proving that all other claims in the reconventional demand are challenges to their acts in the exercise of their rights of petition or free speech regarding a public issue. The Coroner's Office failed to carry its burden of showing the probability of success on those claims.
VGW
RHP
JEW
COURT OF APPEAL, FIRST CIRCUIT ____________
DEPUTY CLERK OF COURT
FOR THE COURT