Art. 1039 Effect of dismissal of principal action

When someone files a lawsuit and the other side responds with their own related claim (called an incidental demand) before the original person tries to drop their case, dropping the main lawsuit does not get rid of that related claim. The related claim keeps going even if the original case is dismissed.

This means the court will still have to hear and decide the related claim on its own. It gets treated as a separate matter, completely apart from what happens to the main lawsuit. So if you filed a claim back against someone who then drops their case against you, your claim survives and still needs to go through the court process.