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← 107 SO3D 989 - Nutt v. Wyatt

Nutt v. Wyatt’s Empirical Analysis

2013

Citation profile

2
cited by 2 later decisions
1
states following
March 2016
most recently cited

1 state decisions

Relationships

Relies on Cornell & Company, Inc., a Corporation v. Barber & Ross Company, a Corporation · 926 So. 2d 167 - MS Credit Center, Inc. v. Horton · 619 So. 2d 908 - Cox v. Howard, Weil, Labouisse, Friedrichs, Inc. · 842 So. 2d 1270 - UNIVERSITY NURSING ASSOCIATES v. Phillips · 904 So. 2d 1030 - Pass Termite & Pest Control, Inc. v. Walker

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

  1. “In their first responsive pleading, before this [c]ourt’s decision that the Katrina JVA applied to Wyatt’s claims, Nutt, et ah, preserved their right in the alternative to compel arbitration, in the event of a judicial determination that the Katrina JVA applied to Wyatt’s claims. When We declared that the Katrina JVA did apply, they timely filed a motion to compel arbitration, within one week of the mandate. We find that the' conduct of Nutt, et al., was consistent 'with timely seeking to compel arbitration, once this [cjdurt held that Wyatt’s claims were related to'the Katrina JVA. Accordingly, we conclude that Nutt, et al., did not waive their right to enforce the provision.”
    1 later decision quote this exact passage
  2. “We find that Nutt, et al., did not actively participate in litigation or substantially invoke the litigation process in this case before seeking to enforce the provision, nor did they conduct themselves inconsistently with timely enforcing the provisions. ■ The trial court erred by finding . that .Nutt, et al., waived their right to compel arbitration by ■ participating in litigation and delaying filing a motion to •compel arbitration.”
    1 later decision quote this exact passage
  3. “Nutt, et al., filed a “Verified Petition for Replevin and Complaint for Declaratory Judgment to Adjudicate Amount Owed by Nutt & McAlister, PLLC to Wyatt, or Amount Owed by Wyatt to Nutt & McAlister, PLLC”.... In that action, Nutt, et al., sought a declaration of obligations related to the oral employment contract with Wyatt; their complaint did not refer to the KJV, and they did not aver that-Wyatt was a party to the KJV.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.