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439 So. 2d 1098

Wheat v. Caruthers

Louisiana Court of Appeal

Decided June 29, 1983

Louisiana Court of Appeal · decided 1983-06-29

Cited by 1 later decisions — most recently October 1983

1 state decisions

Relies on 370 So. 2d 123 - Good v. Louisiana Com'n on Govern. Ethics · Alexander & Alexander, Inc. v. Simpson · Wheat Inc. v. Caruthers

Good law ✅— No negative treatment on recordhow we know

Decided 1983-06-29

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PER CURIAM.

¶1In its application for a rehearing, the plaintiff, Wheat, Incorporated, contends that Glynn Caruthers is not an indispensable party because in a possessory action entitled “Samuel G. Caruthers versus Darryl J. Cavalier, et al., No. 51,012 on the docket of the Twenty-second Judicial District Court, Parish of St. Tammany, Louisiana,” Mr. Caruthers had dismissed his action with prejudice. Evidence of the suit and its dismissal were not before the Court on the original hearing, 428 So.2d 1037. The record does not reflect that the posses-sory action or its dismissal were ever introduced or filed into evidence in the present action. This Court cannot review evidence that is not in the record, and cannot receive evidence so as to supplement the record. Good v. Louisiana Commission on Governmental Ethics, 370 So.2d 123 (La.1979), writ denied 371 So.2d 836 (La.1979).

¶2*1099Thus, we deny the rehearing.

¶3REHEARING DENIED.

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