Cited by

Opinions in Louisiana that cite Gonzales v. Xerox Corp., 320 So. 2d 163.

600 citing documents.

DEPARTMENT OF HEALTH, ETC. v. Perry 423 So. 2d 1266 La. Ct. App. 1st Cir. 1982
Robertson v. Gulf South Beverage, Inc. 421 So. 2d 877 La. 1982
See Gonzales v. Xerox Corporation, et al.
Smith v. Travelers Ins. Co. 418 So. 2d 689 La. Ct. App. 4th Cir. 1982
The rule enunciated in Gonzales v. Xerox Corporation, La., , is that when an appellate court has all the facts before it, a trial judge's erroneous instruction to the jury does not warrant a remand; under such circumstances the appellate court must review the trial record and reach a decision on the merits.
Vincent v. Vincent 420 So. 2d 1333 La. Ct. App. 1st Cir. 1982
Granger v. Robertson 421 So. 2d 977 La. Ct. App. 1st Cir. 1982
Riche v. Juban Lumber Co., Inc. 421 So. 2d 318 La. Ct. App. 1st Cir. 1982
Keys v. Sambo's Restaurant, Inc., (La.App.
Naylor v. La. Dept. of Public Highways 423 So. 2d 674 La. Ct. App. 1st Cir. 1982
Carleton v. Department of State Civil Service 430 So. 2d 670 La. Ct. App. 1st Cir. 1982
Fur *673 ther, held that: “When the entire record is before the appellate court, remand for new trial produces delay of the final outcome and congestion of crowded dockets while adding little to the judicial determination process.
Rapp v. Rapp 420 So. 2d 716 La. Ct. App. 1st Cir. 1982
Phillips v. Skate Country East 420 So. 2d 730 La. Ct. App. 4th Cir. 1982
Miller v. Fogleman Truck Lines, Inc.
Broussard v. Texas Industries, Inc. 416 So. 2d 1349 La. Ct. App. 1st Cir. 1982
Notwithstanding the trial court’s action, and decide whether the record contains sufficient evidence for us to decide the issue of contributory negligence.
Franklin v. Holiday Restaurant 420 So. 2d 477 La. Ct. App. 1st Cir. 1982
Consistent with our finding and pursuant to Louisiana jurisprudence ( (La.
Nettles v. Bowlin 417 So. 2d 1192 La. Ct. App. 1st Cir. 1982
does not require that we review the record and decide this case on the merits.
Rogers v. Brown 416 So. 2d 624 La. Ct. App. 2d Cir. 1982
Furthermore, even if the trial judge erred in refusing to charge the jury as to the doctrine of res ipsa loquitur, our independent review of the record [as authorized by law, ] leads us to the conclusion that defendants, through the recited evidence, effectively rebutted any inference that the negligence of Dr. Brown was the most plausible explanation for the nerve damage suffered by plaintiff.
Dixie Life Ins. Co. v. Pacific Mut. Life Ins. Co. 416 So. 2d 139 La. Ct. App. 4th Cir. 1982
Reading this article, [6] when the entire record is before the court and the question raised is crucial to the resolution of the litigation, we are compelled to consider the issue of the failure of the trial judge to give requested instructions.
Brown v. Soupenne 416 So. 2d 170 La. Ct. App. 4th Cir. 1982
Pellerin v. Tudor Const. Co. 414 So. 2d 403 La. Ct. App. 1st Cir. 1982
Davidson v. Peden 413 So. 2d 568 La. Ct. App. 1st Cir. 1982
3rd Cir. 1978); , (1969).
Furtado v. Alton Ochsner Medical Foundation 413 So. 2d 528 La. Ct. App. 4th Cir. 1982
Freeman v. Lee & Leon Oil Co., Inc. 409 So. 2d 408 La. Ct. App. 4th Cir. 1982
As the entire record is before the court, suggests that this court, for the sake of judicial economy may fix damages.
Lacombe v. Greathouse 407 So. 2d 1346 La. Ct. App. 3d Cir. 1981
our Supreme Court stated: "[3, 4] While the trial court remains the original forum for resolving factual and legal issues, the Louisiana Constitution expressly extends the jurisdiction of appellate courts in civil cases to the review of facts as well as law.
Kaplan v. Missouri Pacific R. Co. 409 So. 2d 298 La. Ct. App. 3d Cir. 1981
3 Cir. 1981), writ denied, (La.App.
D'Angelo v. New Orleans Public Service, Inc. 405 So. 2d 1262 La. Ct. App. 1st Cir. 1981
Nevertheless, to decide the issues appropriate from the record before us in the interest of judicial economy and disposition of litigation.
Wattigny v. Lambert 408 So. 2d 1126 La. Ct. App. 3d Cir. 1981
1006 , (1952); , (1969)."
Boyette v. Auger Timber Co. 403 So. 2d 800 La. Ct. App. 2d Cir. 1981
Co., Williams v. Sentry Ins.
Suhor v. Gusse 403 So. 2d 83 La. Ct. App. 4th Cir. 1981
This is not to say, and Gonzales [v. Xerax Corp., La., (1975)] should not be read to require, that the appellate court must find its own facts in every such case.
Nelson v. Powers 402 So. 2d 129 La. Ct. App. 1st Cir. 1981
Crochet v. Maryland Casualty Insurance 401 So. 2d 439 La. Ct. App. 1st Cir. 1981
Miller v. Fogleman Truck Lines, Inc. 398 So. 2d 634 La. Ct. App. 3d Cir. 1981
Guidry v. Houston General Ins. Co. 396 So. 2d 578 La. Ct. App. 3d Cir. 1981
Williams v. Hempen 396 So. 2d 999 La. Ct. App. 3d Cir. 1981
In addition, ruled that Courts of Appeal should decide the entire case when the record is complete.
Hebert v. Gulf States Utilities 395 So. 2d 832 La. Ct. App. 1st Cir. 1981
Chaney v. Our Lady of Fatima Cath. Church 391 So. 2d 501 La. Ct. App. 3d Cir. 1980
Gasquet v. Commercial Union Ins. Co. 391 So. 2d 466 La. Ct. App. 4th Cir. 1980
an appellate court was allowed to remand a case to the trial court for a new trial when it was reversed by the appellate court for refusal of the trial court judge to give a proper jury charge, resulting in a jury verdict which was not based upon or guided by essential and correct legal principals.
Keys v. Sambo's Restaurant, Inc. 389 So. 2d 1360 La. Ct. App. 1st Cir. 1980
Holder v. Gill & Davidge 391 So. 2d 1220 La. Ct. App. 1st Cir. 1980
Further, we have the complete record before us and, even if the instructions were erroneous, we have a duty to decide the case.
Guedry v. Firemen's Fund Insurance 392 So. 2d 165 La. Ct. App. 1st Cir. 1980
In any event, we have the entire record before us for review and a searching examination of that record convinces us that the jury findings were correct.
Ragas v. Argonaut Southwest Ins. Co. 388 So. 2d 707 La. 1980
the Court reviewed the record, decided that plaintiff had failed to prove his case, and dismissed his suit on the merits.
Suhor v. Gusse 388 So. 2d 755 La. 1980
we stated that an appellate court, if it has before it a complete record of all the necessary evidence, has a constitutional duty to review the facts of a case as well as the law and to render a judgment on the merits.
Hebert v. Ordoyne 388 So. 2d 407 La. Ct. App. 1st Cir. 1980
Even were we to find the jury instructions to have been improper, a finding which would necessitate this court's acting as a trial court for all practical purposes, we would arrive at the same conclusions as did the jury.
Bond v. Jack 387 So. 2d 613 La. Ct. App. 3d Cir. 1980
1st Cir. 1975), writ granted on other grounds , on remand , writ denied , 311; Bush v. St.
Bond v. Commercial Union Assur. Companies 387 So. 2d 617 La. Ct. App. 3d Cir. 1980
James v. State Farm Mutual Automobile Insurance 388 So. 2d 389 La. Ct. App. 1st Cir. 1980
Dufrene v. Dixie Auto Ins. Co. 376 So. 2d 507 La. Ct. App. 4th Cir. 1980
"Although Gonzalez v. Xerox in the interest of judicial economy, mandates setting of the award in this court, the meager record makes the task more difficult.
Ragas v. Argonaut Southwest Ins. Co. 379 So. 2d 822 La. Ct. App. 4th Cir. 1980
Governale v. Travelers Insurance Co. 378 So. 2d 615 La. Ct. App. 1st Cir. 1979
our Supreme Court stated: “Since the jury verdict was not based upon or guided by an essential and correct legal principle, the Court of Appeal properly decided to give no weight to the judgment of the trial court which implemented the jury verdict.
Planning Systems Corp. v. Murrell 374 So. 2d 719 La. Ct. App. 4th Cir. 1979
Although we are unable to determine whether the jury considered the nature of the contract or made a determination of its nature, nevertheless, , (La.
Smith v. Tiblier 374 So. 2d 685 La. Ct. App. 4th Cir. 1979
and this Court's expression in Woods v. Cumis Ins.
Williams v. Sentry Ins. Co. 370 So. 2d 901 La. Ct. App. 1st Cir. 1979
Dupree v. Pechinay Saint Gobain Co. 369 So. 2d 1075 La. Ct. App. 1st Cir. 1979