Moritz v. Preiss’s Empirical Analysis
2003
Citation profile
66 state decisions
Appellate journey
reviewedthe decision below (from Texas Court of Appeals, 3rd District (Austin))
Relationships
Relies on Lehmann v. Har-Con Corp. · North East Independent School District v. Aldridge · Trammell v. Rosen · Jackson v. Van Winkle · A. F. Jones & Sons v. Republic Supply Co.
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the trial court ignores the tardy motion, it is ineffectual for any purpose. The court, however, may look to the motion for guidance in the exercise of its inherent power and acting before its plenary power has expired, may grant a [modification]; but if the court denies [the requested modification], the belated motion is a nullity and supplies no basis for consideration upon appeal of grounds which were required to be set forth in a timely motion.”
2 later decisions quote this exact passage · from the majority“When a judgment, not intrinsically interlocutory in character, is rendered and entered in a case regularly set for a conventional trial on the merits, no order for a separate trial of issues having been entered ... it will be presumed for appeal purposes that the Court intended to, and did, dispose of all parties legally before it and of all issues made by the pleadings between such parties.”
2 later decisions quote this exact passage · from the majoritye.g. Good v. Baker · Vaughn v. Drennon“A party may file an amended motion for new trial without leave of court before any earlier motion for new trial is overruled and within thirty days after the judgment. TexR. Civ. P. 329b(b). The court may not enlarge the period for taking any action under the rules relating to new trials except as the rules allow. Tex.R. Civ. P. 5.”
2 later decisions quote this exact passage · from the majority
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.