Cited by
Opinions in Louisiana that cite Gonzales v. Xerox Corp., 320 So. 2d 163.
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Parker v. South La. Contractors, Inc.
370 So. 2d 1310
La. Ct. App. 1st Cir. 1979
the Supreme Court made it abundantly clear that for the sake of judicial economy, when an appellate court has all the facts before it, a trial judge's erroneous instructions to the jury or rulings on evidence do not warrant a remand.
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Moity v. Busch
368 So. 2d 1134
La. Ct. App. 3d Cir. 1979
375 (La.1869); , (1969).
- Arceneaux v. Domingue 365 So. 2d 1330 La. 1978
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Woods v. Cumis Ins. Society, Inc.
364 So. 2d 213
La. Ct. App. 4th Cir. 1978
The question now is whether to remand the case for a the Supreme Court reversed a Court of Appeal judgment, remanding the case for a new jury trial because of reversible error in the jury instructions of the trial court.
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Brasseaux v. Vermilion Parish Police Jury
361 So. 2d 35
La. Ct. App. 3d Cir. 1978
1977); , footnote 1 (La.1975).
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Gordon v. City of New Orleans
363 So. 2d 235
La. Ct. App. 4th Cir. 1978
[5] Gonzales v. Xerox Corporation, La., ; Miller v. Employers Mut.
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Bellard v. Woodward Wight & Co.
362 So. 2d 819
La. Ct. App. 1st Cir. 1978
However, the evidence is in the record, we proceed to determine that factual issue on the basis of the record.
- Beck v. Lovell 361 So. 2d 245 La. Ct. App. 1st Cir. 1978
- Von Dameck v. St. Paul Fire & Marine Ins. 361 So. 2d 283 La. Ct. App. 1st Cir. 1978
- Hanks v. Drs. Ranson, Swan & Burch, Ltd. 359 So. 2d 1089 La. Ct. App. 3d Cir. 1978
- People's Nat. Bank of New Iberia v. Smith 360 So. 2d 560 La. Ct. App. 4th Cir. 1978
- Chappuis v. Sears Roebuck & Co. 358 So. 2d 926 La. 1978
- Porter v. Utica Mut. Ins. Co. 357 So. 2d 1234 La. Ct. App. 2d Cir. 1978
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Davis v. Moore
353 So. 2d 740
La. Ct. App. 4th Cir. 1978
Morgan v. Liberty Mutual Ins.
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Standard Co. of New Orleans v. Elliott Construction Co.
359 So. 2d 224
La. Ct. App. 1st Cir. 1978
Gonzales v. Xerox Corporation, La., (1975).
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Saunders v. T. G. & Y. Stores Co.
354 So. 2d 1092
La. Ct. App. 1st Cir. 1978
Even if the jury’s verdict is disregarded and the appeal adjudicated on an independent review of the evidence by this court, the evidence clearly preponderates that the force used by the store manager in attempting to detain plaintiff was reasonable and commensurate with the force used by plaintiff in her efforts to avoid detention.
- Burns v. Lamar-Lane Chevrolet, Inc. 354 So. 2d 620 La. Ct. App. 1st Cir. 1977
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Robinson v. Palm Apartments
353 So. 2d 1120
La. Ct. App. 1st Cir. 1977
Couto v. Oms, La., (1975); Gonzales v. Xerox Corp., La., (1975).
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Higgins v. Johnson
349 So. 2d 918
La. Ct. App. 1st Cir. 1977
In disposing of this precise issue our Supreme Court, stated: "[T]here could hardly have been any more important legal principle for the consideration of the jury than that defendant's failure to see what he could have seen by the exercise of due diligence does not absolve him from liability.
- Miller v. Employers Mut. Liability Ins. Co. 349 So. 2d 1353 La. Ct. App. 2d Cir. 1977
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Kidder v. Anderson
345 So. 2d 922
La. Ct. App. 1st Cir. 1977
We have reviewed the evidence, first, as a reviewing court, to see if the jury committed manifest error in reaching its verdict; and secondly, as a to examine the evidence as a trier of fact, in order to render a judgment based on the record.
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Hernandez v. New Orleans Public Service, Inc.
346 So. 2d 304
La. Ct. App. 1st Cir. 1977
but a prejudicial ruling by a trial judge should not deprive a party of the right to a jury trial.
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Gaudet v. Allstate Ins. Co.
346 So. 2d 333
La. Ct. App. 4th Cir. 1977
[9] Coco v. Winston Industries, Inc., supra; Temple v. Liberty Mutual Ins.
- Corceller v. Brooks 347 So. 2d 274 La. Ct. App. 4th Cir. 1977
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Andrepont v. Naquin
345 So. 2d 1216
La. Ct. App. 1st Cir. 1977
See, also, (1975), and the authorities therein cited.
- Maus v. Schouest 342 So. 2d 715 La. Ct. App. 4th Cir. 1977
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Coco v. Winston Industries, Inc.
341 So. 2d 332
La. 1977
The Court of Appeal's conclusion that this Court intends for the appellate courts to continue to review quantum awards, is correct [1] as is shown by all of the cases previously cited, and Temple v. Liberty Mutual Ins.
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AE Landvoigt, Inc. v. LOUISIANA STATE EMP. RETIREMENT SYSTEM
337 So. 2d 881
La. Ct. App. 1st Cir. 1976
Under the recently announced rule espoused by the Supreme Court in Gonzales v. Xerox Corporation, et al., La., , we shall assess damages herein rather than remand this matter to the trial court for performance of this function.
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Trinity Universal Insurance v. Mallard Truck Lines, Inc.
340 So. 2d 372
La. Ct. App. 1st Cir. 1976
As to the specification of error concerning the Trial Judge’s instructions to the jury, we are of the opinion that in light of the Supreme Court’s there is no need for us to determine whether the Trial Judge was in error or not.
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Perry v. Law
334 So. 2d 523
La. Ct. App. 1st Cir. 1976
Gonzales v. Xerox Corporation, La., (1975).
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Ford v. Knight
337 So. 2d 1225
La. Ct. App. 1st Cir. 1976
(1st La.App., 1969); (1st La.App., 1967).
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Brown v. Zito
333 So. 2d 649
La. Ct. App. 4th Cir. 1976
would seem to indicate an answer in the affirmative.
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Coco v. Winston Industries, Inc.
330 So. 2d 649
La. Ct. App. 3d Cir. 1976
(1969), a leading case on the question of remand because of erroneous instructions, the court specifically reserved to the appellate forums the right to decide in each particular case whether a remand would serve the interests of justice.
- State, Department of Highways v. Olinkraft, Inc. 333 So. 2d 721 La. Ct. App. 1st Cir. 1976
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St. Bernard Body & Fender, Inc. v. Catalanotto
330 So. 2d 372
La. Ct. App. 1st Cir. 1976
Rather than remand for the trial judge to make that evaluation (see Gonzales v. Xerox Corp., La.1975, ), we ourselves decide that the husband’s testimony of having timely instructed the repairman not to repair is to be believed rather than the repairman’s testimony that he never heard from the husband until the repairs were nearly completed.
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Couto v. Oms
331 So. 2d 236
La. Ct. App. 4th Cir. 1976
decided by this Court, October 1, 1975.” (Emphasis ours.)
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Bates v. Bates
331 So. 2d 122
La. Ct. App. 1st Cir. 1976
the trial court, after a jury trial, had dismissed plaintiff’s suit.
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Temple v. Liberty Mutual Ins. Co.
330 So. 2d 891
La. 1976
we stated that an appellate court, if it has a complete record of all the necessary evidence before it, has a constitutional duty [1] to review the facts of a case as well as the law and to render a judgment on the merits.
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Gonzales v. Xerox Corporation
329 So. 2d 818
La. Ct. App. 1st Cir. 1976
Gonzales v. Xerox Corporation, cited supra, and the opinion in the same case of the Louisiana Supreme Court on writ of review, .
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Wilkinson v. Travelers Insurance Co.
330 So. 2d 351
La. Ct. App. 1st Cir. 1976
As to the specifications of error concerning the Trial Judge’s instructions to the jury and his refusing to submit the action to the jury on a general verdict form, we are of the opinion that in light of the Supreme Court’s recent decision of Gonzales v. Xerox Corporation, La., (1975) there is no need for us to determine whether the Trial Judge was in error or not.
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Couto v. Oms
323 So. 2d 128
La. 1975
decided by this Court, October 1, 1975.
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Couto v. Oms
323 So. 2d 128
La. 1975
decided by this Court, October 1, 1975.
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Reeves v. Gulf States Utilities Co.
320 So. 2d 902
La. 1975
See Gonzales v. Xerox Corporation et al., La., (Handed down October 1, 1975).
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Reeves v. Gulf States Utilities Co.
320 So. 2d 902
La. 1975
See Gonzales v. Zer-ox Corp. et al., La., (Handed down October 1, 1975).
- Calvert v. Simon 311 So. 2d 13 La. Ct. App. 2d Cir. 1975
- Gonzales v. Xerox Corp. 307 So. 2d 153 La. Ct. App. 1st Cir. 1975
- Dixon v. Copeland 289 So. 2d 261 La. Ct. App. 1st Cir. 1973
- Bush v. St. Paul Fire & Marine Insurance Company 264 So. 2d 717 La. Ct. App. 1st Cir. 1972
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Foster v. McClain
251 So. 2d 179
La. Ct. App. 3d Cir. 1971
1006 , (1952); , (1969).
- Brown v. News-World Publishing Corp. 245 So. 2d 430 La. Ct. App. 2d Cir. 1971