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Thornton v. Moran

Supreme Court of Louisiana
Apr 1, 1977
343 So. 2d 1065 (La. 1977)
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Summary

In Thornton v. Moran, 343 So.2d 1065 (La. 1977), 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.

Summary of this case from Hebert v. Rapides Parish
See 4 Summaries

Opinion

No. 59490.

April 1, 1977.

IN RE: FRANK L. THORNTON APPLYING FOR CERTIORARI, OR WRIT OF REVIEW, TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF EAST BATON ROUGE.

Writ granted. Judgment of court of appeal reversed; case remanded to court of appeal 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 upon the record. La.Const. art. 5, § 10(B); Rights of parties to reapply for writs in accordance with law after court of appeal renders decision in accordance with views herein expressed are reserved.

SUMMERS, J., dissents from this ex parte in chambers reversal of the judgment of the court of appeal without a hearing and opportunity for the parties to be heard.

CALOGERO and DENNIS, JJ., are of the opinion the writ should be granted and the case taken up in this court as in the normal course, with oral arguments followed by written opinion.

Summaries of

Thornton v. Moran

Supreme Court of Louisiana
Apr 1, 1977
343 So. 2d 1065 (La. 1977)

In Thornton v. Moran, 343 So.2d 1065 (La. 1977), 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.

Summary of this case from Hebert v. Rapides Parish

In Thornton v. Moran, 343 So.2d 1065 and 1066 (La. 1977), the Supreme Court made its only statement as to the applicable standard of review in bifurcated cases.

Summary of this case from McCullough v. Regional Transit Auth

In Thornton v. Moran, 343 So.2d 1065 (La. 1977), the Louisiana Supreme Court, faced with a similar conflict, instructed the appellate courts "... to resolve the differences in the factual findings between the jury and the judge... and to render a single decision based upon the record".

Summary of this case from Justin v. New Orleans Through Morial

In Thornton v. Moran, 343 So.2d 1065 (La. 1977) 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... and to render a single opinion based upon the record."

Summary of this case from Williams v. City of New Orleans
Case details for

Thornton v. Moran

Case Details

Full title:FRANK L. THORNTON ET AL. v. SHARON MORAN ET AL. SHARON MORAN v. FRANK L…

Court:Supreme Court of Louisiana

Date published: Apr 1, 1977

Citations

343 So. 2d 1065 (La. 1977)
343 So. 2d 1065

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