Lowe v. Teator’s Empirical Analysis

Citation profile

11 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An “appearance of finality” occurs when the language in the summary judgment order “clearly evidences” the trial court’s intent to dispose of all the claims in the case before it. See Mafrige, 866 S.W.2d at 592 . If the language in the order preceding the Mother Hub bard clause is broad and inclusive enough to encompass all issues and parties before the court, then the clause may be read to dispose of all claims in the case not otherwise specifically addressed in the order. If, however, the language preceding the Mother Hubbard clause is limited in its scope, such that it evidences the intent of the trial court not to dispose of all the claims in the case before it, a Mother Hubbard clause will not convert the otherwise interlocutory summary judgment order into a final judgment.”

   1 later decision quote this exact passage
   e.g. Spencer Lucas v. Burleson Publishing Company, Inc., D/B/A Burleson Star, James Moody, Sally Ellertson, Shelley Grant

2. “[a]n order that explicitly grants a summary judgment in favor of less than all the defendants does not clearly evidence an intent to dispose of all claims against all defendants, especially those against whom summary judgment was not sought, regardless of the inclusion of a Mother Hubbard clause.”

   1 later decision quote this exact passage · from the dissent
   e.g. Kleven v. Texas Department of Criminal Justice-Institutional Division

3. “The University of Texas Southwestern Medical Center at Dallas is a component institution of The University of Texas System under the management and control of the board of regents of The University of Texas System.”

   1 later decision quote this exact passage
   e.g. University of Texas Southwestern Medical Center v. Loutzenhiser