La. Code Civ. Proc. art. 1039

Current with operative changes from the 2024 Third Special Legislative Session
Section 1039 - Effect of dismissal of principal action

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