Coleman v. BAC Servicing’s Empirical Analysis

Citation profile

12 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'The note is the cow and the mortgage the tail. The cow can survive without a tail, but the tail cannot survive without the cow.' " Id. at 387 (quoting Best Fertilizers of Arizona, Inc. v. Burns , 117 Ariz. 178 , 179, 571 P.2d 675 , 676 (Ct. App.), reversed on other grounds, 116 Ariz. 492 , 570 P.2d 179 (1977) ).' " 104 So. 3d at 205 .”

   3 later decisions quote this exact passage
   e.g. Gray v. Federal National Mortgage Ass'n · Turner v. Wells Fargo Bank, N.A.

2. ““(e) Form of Affidavits; Further Testimony; Defense Required. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party’s pleading, but the adverse party’s response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against him.””

   2 later decisions quote this exact passage
   e.g. Dailey v. State Farm Mut. Auto. Ins. Co. · 142 So. 3d 590 - Walker v. North American Savings Bank

3. ““With respect to the requirement in Rule 56(e) that ‘[sjworn ... copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith,’ our supreme court has stated: “ . This means that if written documents are relied upon they actually must be exhibited; affidavits that purport to describe a document’s substance or an interpretation of its contents are insufficient....” Wright & Miller, Federal Practice and Procedure: Civil § 2722.’ “Oliver v. Brock, 342 So.2d 1, 4-5 (Ala.1976) (emphasis added). See also Welch v. Houston Cnty. Hosp. Bd., 502 So.2d 340, 343 (Ala.1987); Osborn v. Johns, 468 So.2d 103, 108 (Ala.1985). As the foregoing decisions imply, a document is deemed to be ‘sworn’ if it is authenticated by the affiant and attached as an exhibit to the affidavit.””

   2 later decisions quote this exact passage
   e.g. Dailey v. State Farm Mut. Auto. Ins. Co. · Gunther v. Carpet Systems of Huntsville, Inc.