DARNELLE BORDELON ARCENEAUX v. BRYAN DAVID ARCENEAUX (2025)

The record on appeal was recently supplemented by the trial court with the transcript from a July 10, 2020 hearing on a motion for contempt. Mr. Arceneaux has applied for a rehearing on the basis of the transcript, which was not introduced into evidence at the community property partition trial held on April 11 and 18, 2022. Evidence which was not offered on the trial of a case, and which therefore was not in the record when the case was decided on appeal, cannot be considered as a ground for granting a rehearing when the evidence is presented for the first time with the application for a rehearing. Gulf Refining Co. v. Bagby, 200 La. 258, 284, 7 So. 2d 903,912(1942).

Thus, the Application for Rehearing filed on 4/28/2025 by Bryan D. Arceneaux and Louisiana SW Transportation, Inc. and Louisiana Tank Specialties, LLC is DENIED.

Allison H. Penzato

Katherine Tess Stromberg

Rodd Naquin, Clerk