LEE PERLES FORMERLY KNOWN AS LEE FUTRELL PERLES GARY LEE AND RICHARD 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 ROSAMOND III (2024)

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.¹ 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.

REHEARING GRANTED; RELIEF DENIED; APPELLATE JUDGMENT OF NOVEMBER 25, 2024 MAINTAINED

FOOTNOTES

1.   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.

Judge Tiffany Gautier Chase