La. Code Civ. Proc. art. 1039
Current with changes from the 2024 legislative session, Chs. 3, 6-495, effective on or before 7/1/2024
If an incidental demand has been pleaded prior to motion by plaintiff in the principal action to dismiss the principal action, a subsequent dismissal thereof shall not in any way affect the incidental action, which must be tried and decided independently of the principal action.
La. C.P. § 1039