Toll v. Korge’s Empirical Analysis
2013
Citation profile
11 state decisions
Relationships
Relies on 443 So. 2d 944 - Mercer v. Raine · 629 So. 2d 817 - Kozel v. Ostendorf · 569 So. 2d 1271 - Commonwealth Fed. Sav. & Loan Ass'n v. Tubero · Ham v. Dunmire · Deutsche Bank National Trust Co. v. Cagigas
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.
“The Supreme Court has articulated a six-factor analysis to determine whether a dismissal with prejudice is an appropriate sanction due to an attorney’s behavior: 1) Whether the attorney’s disobedience was willful, deliberate, or contumacious, rather than an act of neglect or inexperience; 2) Whether the attorney has been previously sanctioned; 3) Whether the client was personally involved in the act of disobedience; 4) Whether the delay prejudiced the opposing party through undue expense, loss of evidence, or in some other fashion; 5) Whether the attorney offered reasonable justification for noncompliance; and 6) Whether the delay created significant problems of judicial administration.”
1 later decision quote this exact passage“If, on remand, the trial court determines that dismissal is appropriate, the trial court shall include in its written order findings of fact with respect to each [Kozel ] factor, and individualized findings with regard to the conduct of each of the sanctioned parties and their counsel.”
1 later decision quote this exact passage“The trial court failed to hold an evidentiary hearing and failed to make the necessary findings under Kozel , rendering it impossible to determine whether the Defendants’ collective dilatory conduct was personally attributable to Toll, to another defendant, or to Toll’s counsel.”
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.