Cited by
Opinions in Louisiana that cite State ex rel. Foster v. State ex rel. Department of Corrections, 343 So. 2d 1065.
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Wooley v. Lucksinger
14 So. 3d 311
La. Ct. App. 1st Cir. 2009
3 Cir. 12/5/07), -08 , judgment rev’d on other grounds, 2008-0414 (La.12/12/08), ; Aubert v. Charity Hosp.
- Fontenot v. PATTERSON INS. 997 So. 2d 529 La. 2008
- Randy Fontenot v. Patterson Insurance Company La. Ct. App. 3d Cir. 2007
- Fontenot v. PATTERSON INS. 972 So. 2d 401 La. Ct. App. 3d Cir. 2007
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Hebert v. Rapides Parish Police Jury
934 So. 2d 912
La. Ct. App. 3d Cir. 2006
the supreme court stated that in such cases, the appellate court is to resolve the differences in the factual findings made by the jury with those made by the trial court and render a single opinion based upon the record.
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John Hebert, Et Ux. v. Rapides Parish Police Jury
La. Ct. App. 3d Cir. 2006
the supreme court stated that in such cases, the appellate court is to resolve the differences in the factual findings made by the jury with those made by the trial court and render a single opinion based upon the record.
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Tellis v. Lincoln Parish Police Jury
916 So. 2d 1248
La. Ct. App. 2d Cir. 2005
and the court’s general discussion of the problem of reconciliation in dicta in Lemire v. New Orleans Public Service, Inc., and Powell v. Regional Transit Authority, 96-715 (La.6/18/97), .
- Hays v. State 856 So. 2d 64 La. Ct. App. 2d Cir. 2003
- Davis v. Witt 851 So. 2d 1119 La. 2003
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Madison v. ERNEST N. MORIAL CONVENT. CENTER
834 So. 2d 578
La. Ct. App. 4th Cir. 2002
where the Supreme Court reversed and remanded to the court of appeal with instructions "to resolve the differences in the factual findings between the jury and the judge in these consolidated cases and to render a single opinion based on the record."
- Mossy Motors v. Sewerage and Water Bd. 753 So. 2d 269 La. Ct. App. 4th Cir. 1999
- Powell v. Regional Transit Authority 695 So. 2d 1326 La. 1997
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Gebhardt v. State
652 So. 2d 150
La. Ct. App. 1st Cir. 1995
Plaintiff argues that this Court should reconcile the two inconsistent judgments, writ denied
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Cornish v. STATE, DEPT. OF TRANSP. AND DEVELOP. & DEV.
647 So. 2d 1170
La. Ct. App. 1st Cir. 1994
1st Cir.1976), reversed, a case involving two consolidated suits which were bifurcated for purposes of trial, this court discussed the issue of the standard of review to be applied to bifurcated trials resulting in conflicting findings of fact.
- Buffinet v. Plaquemines Parish Com'n 645 So. 2d 631 La. Ct. App. 4th Cir. 1994
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American Cas. Co. v. Illinois Cent. Gulf RR Co.
601 So. 2d 712
La. Ct. App. 5th Cir. 1992
All three circuits cite the same Supreme Court case as authority for these rulings, (1977).
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McCullough v. Regional Transit Authority
593 So. 2d 731
La. Ct. App. 4th Cir. 1992
and 1066 (La.1977), the Supreme Court made its only statement as to the applicable standard of review in bifurcated cases.
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Henson v. Safeco Ins. Companies
569 So. 2d 191
La. Ct. App. 1st Cir. 1991
1st Cir.1976), writs granted and reversed, , 1066 (La.1977), (La.App.
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Comberrel v. Basford
550 So. 2d 1356
La. Ct. App. 5th Cir. 1989
App. 1st Cir.1977), rev'd and remanded , 1066 (La.1977), on reh.
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Smiley v. Sikes
543 So. 2d 1084
La. Ct. App. 2d Cir. 1989
4th Cir.1983), as follows: " the Louisiana Supreme Court instructed the appellate courts, in situations such as this, "to resolve the differences in the factual findings between the jury and the judge ...
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Justin v. CITY OF NEW ORLEANS EX REL. MORIAL
499 So. 2d 629
La. Ct. App. 4th Cir. 1986
the Louisiana Supreme Court, faced with a similar conflict, instructed the appellate courts "...
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Bishop v. Shelter Ins. Co.
461 So. 2d 1170
La. Ct. App. 3d Cir. 1984
1st Cir. 1976), writ granted and case remanded to the Court of Appeal with instructions, decision on remand, (La.App.
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Explained
Bickham v. Goings
460 So. 2d 646
La. Ct. App. 1st Cir. 1984
Moreover, they argue that he improperly used the JNOV to reconcile the jury's findings, which they contend are not necessarily inconsistent, and that by reconciling the jury verdict with his own judgment in Frank, Sr.'s, suit
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Williams v. City of New Orleans
433 So. 2d 1129
La. Ct. App. 4th Cir. 1983
the Louisiana Supreme Court instructed the appellate courts, in situations such as this, "to resolve the differences in the factual findings between the jury and the judge ...
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Sklar v. Sklar
387 So. 2d 1308
La. Ct. App. 1st Cir. 1980
1st Cir. 1976), writ granted and judgment reversed, La., , 1066; on remand La.App., .
- Davis v. Visco's Inc. 380 So. 2d 739 La. Ct. App. 1st Cir. 1980
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Deville v. Town of Bunkie
364 So. 2d 1378
La. Ct. App. 3d Cir. 1979
The Louisiana Supreme Court, at , remanded the case to the court of appeal with instructions to resolve the differences between the two verdicts: "Writ granted.
- Aubert v. Charity Hospital of Louisiana 363 So. 2d 1223 La. Ct. App. 4th Cir. 1978
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Bunkie Bank & Trust Co. v. Avoyelles Parish Pol.
347 So. 2d 1305
La. Ct. App. 1st Cir. 1977
1st Cir. 1976), writ granted and case remanded to the Court of Appeal with instructions, decided on remand, (La.App.