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

Opinion

LEE & PERLES, L.L.P. * NO. 2021-CA-0071 FORMERLY KNOWN AS LEE, FUTRELL & PERLES, L.L.P., * GARY A. LEE AND RICHARD COURT OF APPEAL M. PERLES * FOURTH CIRCUIT

VERSUS * STATE OF LOUISIANA

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

APPEAL FROM

CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2019-06608, DIVISION “A” Honorable Ellen M Hazeur, Judge ******

Judge Tiffany Gautier Chase ******

On Application for Rehearing

(Court composed of Judge Paula A. Brown, Judge Tiffany Gautier Chase, Judge Nakisha Ervin-Knott)

Caleb H. Didriksen, III Erin Bruce Saucier Carl A. "Trey" Woods, Esq. DIDRIKSEN SAUCIER WOODS & PICHON 3114 Canal Street New Orleans, LA 70119

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 201 St. Charles Avenue, 40th Floor New Orleans, LA 70170

Daniel E. Davillier DAVILLIER LAW GROUP 935 Gravier Street, Suite 1702 New Orleans, LA 70112

COUNSEL FOR DEFENDANT/APPELLEE HUNTINGTON INGALLS INCORPORATED

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

DECEMBER 12, 2024

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.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

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.

2

evidence.”) (citations omitted). Accordingly, the original opinion of this Court is

affirmed.

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