Cited by
Opinions in Louisiana that cite Gonzales v. Xerox Corp., 320 So. 2d 163.
- Landry v. Doe 597 So. 2d 14 La. Ct. App. 1st Cir. 1992
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Young v. Ford Motor Co., Inc.
595 So. 2d 1123
La. 1992
Since they did not make the requisite determination that the plaintiff intended to gratify a significant nonpecuniary interest when he entered into the contract with Bordelon Motors, requires us to decide the case rather than remand it to the district court, we conclude from this record that Young did not make the requisite showing of having entered this contract with Bordelon Motors to gratify a significant nonpecuniary interest as Article 1998 requires for the recovery of mental anguis
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Davis v. Wal-Mart, Inc.
594 So. 2d 557
La. Ct. App. 3d Cir. 1992
In the case at bar, (La.
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Cole v. Celotex Corp.
588 So. 2d 376
La. Ct. App. 3d Cir. 1992
and the cases cited therein for this rule.
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Bailey v. Phillips
592 So. 2d 900
La. Ct. App. 1st Cir. 1991
As a general rule, when the appellate court has a complete record before it and the trial court error concerns the exclusion or admission of evidence, the reviewing court should determine the case on facts as well as law
- Nolan v. Jefferson Downs, Inc. 592 So. 2d 831 La. Ct. App. 5th Cir. 1991
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Petitto v. McMichael
588 So. 2d 1144
La. Ct. App. 1st Cir. 1991
where the supreme court reversed appellate decisions which were remanded for new trials.
- Landry v. Doe 582 So. 2d 242 La. Ct. App. 1st Cir. 1991
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Garrett v. Universal Underwriters
586 So. 2d 727
La. Ct. App. 3d Cir. 1991
If the verdict or judgment is clearly contrary to the law and the evidence, we can make that determination on this appeal and grant relief, without having to order a new trial, (La.
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Buckbee v. Aweco, Inc.
587 So. 2d 79
La. Ct. App. 1st Cir. 1991
The Supreme Court then remanded this matter to our court to conduct a on remand, (La.App.
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Fontenot v. Sunland Construction Co.
585 So. 2d 607
La. Ct. App. 1st Cir. 1991
For this reason, and the fact that we entertain some doubt that we have all the facts and data necessary for us to make a we think that a remand is in order.
- Wyble v. Allstate Ins. Co. 581 So. 2d 325 La. Ct. App. 3d Cir. 1991
- Greene v. Gulf Coast Bank 580 So. 2d 712 La. Ct. App. 3d Cir. 1991
- Walker v. Babcock Industries, Inc. 582 So. 2d 258 La. Ct. App. 1st Cir. 1991
- Guidry v. Frank Guidry Oil Co. 579 So. 2d 947 La. 1991
- Northern Assur. Co. v. Louisiana Power & Light Co. 580 So. 2d 351 La. 1991
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Melton v. General Elec. Co., Inc.
579 So. 2d 448
La. 1991
could not be applied and remanded for a new trial.
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Savin v. Allstate Ins. Co.
579 So. 2d 453
La. Ct. App. 1st Cir. 1991
This is not to say, and Gonzales [v. Xerox Corporation, ] should not be read to require, that the appellate court must find its own facts in every such case.
- Thibodaux v. Thibodaux 577 So. 2d 758 La. Ct. App. 1st Cir. 1991
- Farque v. McKinney 576 So. 2d 1191 La. Ct. App. 3d Cir. 1991
- Parmelee v. Kline 579 So. 2d 1008 La. Ct. App. 5th Cir. 1991
- Stovall v. Shell Oil Co. 577 So. 2d 732 La. Ct. App. 1st Cir. 1991
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Reilly v. Dynamic Exploration, Inc.
571 So. 2d 140
La. 1990
this court could decide the cases in the interest of judicial economy.
- Barnes v. Bott 571 So. 2d 183 La. Ct. App. 4th Cir. 1990
- Eugene v. Wal-Mart Stores, Inc. 570 So. 2d 216 La. Ct. App. 5th Cir. 1990
- Joseph C. Canizaro-901 Limited Partnership v. State, Dept. of Pub. Safety 570 So. 2d 56 La. Ct. App. 4th Cir. 1990
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Berry v. Commercial Union Ins. Co.
565 So. 2d 487
La. Ct. App. 2d Cir. 1990
and citations therein; (La.App.
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Distinguished
Melton v. General Electric Co.
566 So. 2d 98
La. Ct. App. 1st Cir. 1990
e record before us does not contain all of the facts which might be brought out in a re-trial of this matter with full knowledge that the fault of Steel Tank can incidentally affect the liability of GEESI and hence, plaintiff’s recovery, as well as the recovery by Steel Tank and its insurer, AMIC, of worker’s compensation benefits, where the court had all of the facts before it.
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Percle v. Oubre
564 So. 2d 352
La. Ct. App. 1st Cir. 1990
However, and its progeny, an appellate court need not remand if it has all the facts before it, but may decide a case based on the record.
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Buckbee v. United Gas Pipe Line Co. Inc.
561 So. 2d 76
La. 1990
[17] We therefore reverse the lower courts' decision and remand for the court of appeal to conduct a de novo review of the record and render judgment on the merits
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Cangelosi v. OUR LADY OF LAKE REG. MED. CTR.
564 So. 2d 654
La. 1990
this court held that when an appellate court has a complete record in a case in which an erroneous ruling on evidence or an erroneous jury instruction requires the appellate court to set aside the judgment of the trial court, it is not necessary to remand the case for a new trial.
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Allbritton v. Allbritton
561 So. 2d 125
La. Ct. App. 3d Cir. 1990
Gonzales *130 v. Xerox Corporation, Lewis v. WalMart Stores, Inc., (La.App.
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Jaffarzad v. Jones Truck Lines, Inc.
561 So. 2d 144
La. Ct. App. 3d Cir. 1990
Art. V, § 5(C); Art. V, § 10(B); (La.App.
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Marks v. LOUISIANA FARM BUR. CAS. INS. CO.
556 So. 2d 949
La. Ct. App. 3d Cir. 1990
Lewis v. Wal-Mart Stores, Inc., supra
- Stj v. Pm 556 So. 2d 244 La. Ct. App. 2d Cir. 1990
- S.T.J. v. P.M. 556 So. 2d 244 La. Ct. App. 2d Cir. 1990
- Varacalle v. Turner 556 So. 2d 836 La. Ct. App. 1st Cir. 1989
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Savelle v. Heilbrunn
552 So. 2d 52
La. Ct. App. 3d Cir. 1989
Lewis v. Wal-Mart Stores, Inc., supra ; Parrino v. Royal Ins.
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Rosell v. Esco
549 So. 2d 840
La. 1989
See, , (1969), overuled on different grounds, (La.App.
- Hogan v. Hogan 549 So. 2d 267 La. 1989
- Lewis v. Wal-Mart Stores, Inc. 546 So. 2d 267 La. Ct. App. 3d Cir. 1989
- Kelley v. Great Atlantic & Pacific Tea Co. 545 So. 2d 1099 La. Ct. App. 5th Cir. 1989
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Stuart v. Cooper Tire & Rubber Co.
544 So. 2d 78
La. Ct. App. 1st Cir. 1989
Builliard v. New Orleans Terminal Co., 185 La.
- Feyerabend v. State, Dept. of Wildlife & Fisheries 544 So. 2d 577 La. Ct. App. 1st Cir. 1989
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Smiley v. Sikes
543 So. 2d 1084
La. Ct. App. 2d Cir. 1989
Our affirmance of the jury's finding that Kelly Smiley was contributorily negligent makes it unnecessary to further discuss several of the remaining issues briefed by plaintiffs.
- Rickerson v. Fireman's Fund Ins. Co. 543 So. 2d 519 La. Ct. App. 1st Cir. 1989
- Bonnette v. Wal-Mart Stores, Inc. 542 So. 2d 827 La. Ct. App. 1st Cir. 1989
- Pennison v. Pennison 542 So. 2d 666 La. Ct. App. 5th Cir. 1989
- Cangelosi v. Our Lady of the Lake Regional Medical Center 542 So. 2d 90 La. Ct. App. 1st Cir. 1989
- Reese v. Winn-Dixie of Louisiana, Inc. 542 So. 2d 68 La. Ct. App. 3d Cir. 1989