Duvall v. the Jesup Group, No. Cv89-0258090 (Oct. 15, 1996)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION The facts were previously reviewed and set forth in the court's memorandum dated July 17, 1996. This court originally rendered judgment in accordance with the referee's report on the ground that the plaintiff had failed to file a transcript, thereby waiving his right to challenge the subordinate facts found by the referee. That judgment was vacated by this court after discovering the transcripts.

"The trial court is authorized to render whatever judgment appropriately follows, as a matter of law,…