Opinion
2021-CA-0071
12-12-2024
LEE & PERLES, L.L.P. FORMERLY KNOWN AS LEE, FUTRELL & PERLES, L.L.P., GARY A. LEE AND RICHARD M. PERLES v. RESOLUTE MANAGEMENT, INC., ONEBEACON AMERICA INSURANCE COMPANY, LAMORAK INSURANCE COMPANY, FORMERLY KNOWN AS AND/OR SUCCESSOR TO ONEBEACON AMERICA INSURANCE COMPANY AND COMMERCIAL UNION INSURANCE COMPANY, TAYLOR WELLONS, POLITZ & DUHE, PLC AND SAMUEL M. ROSAMOND, III
Caleb H. Didriksen, III Erin Bruce Saucier Carl A. Trey Woods, Esq. DIDRIKSEN SAUCIER WOODS &PICHON COUNSEL FOR PLAINTIFF/APPELLANTS LEE &PERLES, GARY A. LEE, PAULA LEE AND RICHARD A. PERLES Ewell E. Eagan, Jr. Phillip J. Antis, Jr. GORDON, ARATA, MONTGOMERY, BARNETT, MCCOLLAM, DUPLANTIS &EAGAN, LLC Daniel E. Davillier DAVILLIER LAW GROUP COUNSEL FOR DEFENDANT/APPELLEE HUNTINGTON INGALLS INCORPORATED
APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2019-06608, DIVISION "A" Honorable Ellen M Hazeur, Judge
On Application for Rehearing
Caleb H. Didriksen, III Erin Bruce Saucier Carl A. "Trey" Woods, Esq. DIDRIKSEN SAUCIER WOODS &PICHON COUNSEL FOR PLAINTIFF/APPELLANTS LEE &PERLES, GARY A. LEE, PAULA LEE AND RICHARD A. PERLES
Ewell E. Eagan, Jr. Phillip J. Antis, Jr. GORDON, ARATA, MONTGOMERY, BARNETT, MCCOLLAM, DUPLANTIS &EAGAN, LLC
Daniel E. Davillier DAVILLIER LAW GROUP COUNSEL FOR DEFENDANT/APPELLEE HUNTINGTON INGALLS INCORPORATED
(Court composed of Judge Paula A. Brown, Judge Tiffany Gautier Chase, Judge Nakisha Ervin-Knott)
Tiffany Gautier Chase, Judge
TGC
PAB
NEK
Appellant, Lee &Perles, L.L.P., seeks rehearing of this Court's November 25, 2024 opinion affirming the October 15, 2020 decision of the trial court. For the reasons set forth below, we grant Lee &Perles' application for rehearing, deny relief and affirm our original opinion.
Lee &Perles submits six issues for rehearing; however, we find only one merits consideration. Specifically, Lee &Perles requests this Court accept certain documents as evidence despite the fact that the documents were not a part of the trial court's record. The documents consist of a pre-existing Memorandum of Understanding and settlement agreement between Huntington, Resolute and Travelers. This Court cannot consider evidence not introduced or proffered in the trial court. Melerine v. O'Connor, 2013-1073, p. 8 (La.App. 4 Cir. 2/26/14), 135 So.3d 1198, 1205 (observing that "[a] court of appeal is a court of record, which must limit its review to evidence in the record before it. An appellate court cannot review evidence that is not in the record on appeal and cannot receive new evidence.") (citations omitted). Accordingly, the original opinion of this Court is affirmed.
On the morning of December 9, 2024, the last day to file its application for rehearing, Lee & Perles filed a motion for leave to file the above-referenced documents under seal. This Court denied the motion.
REHEARING GRANTED; RELIEF DENIED; APPELLATE JUDGMENT OF NOVEMBER 25, 2024 MAINTAINED