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← 132 SW3D 533 - Wilson v. Wilson

Wilson v. Wilson’s Empirical Analysis

2004

Citation profile

23
cited by 23 later decisions
1
states following
December 2018
most recently cited

22 state decisions

Appellate journey

reviewedthe decision below (from Texas 247th Judicial District Court)

Relationships

Relies on Cain v. Bain · Peralta v. Heights Medical Center, Inc. · Montgomery v. Kennedy · Eggemeyer v. Eggemeyer · Norman Communications v. Texas Eastman 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “A defendant who makes an appearance following service of process is entitled to notice of the trial setting as a matter of constitutional due process. Peralta v. Heights Med. Ctr., Inc., 485 U.S. 80, 86 , 108 S.Ct. 896, 899-900 , 99 L.Ed.2d 75 , (1988); LBL Oil Co. v. Int'l Power Serv., Inc., 777 S.W.2d 390, 390-91 (Tex.1989). The same is not true if the defendant fails to answer or otherwise appear. The law imposes no duty on the plaintiff to notify a defendant before taking a default judgment when he has been served properly with the citation and petition, and nonetheless has failed to answer or otherwise appear. See Brooks v. Assoc. Fin. Servs. Corp., 892 S.W.2d 91, 94 (Tex.App.-Houston [14th Dist.] 1994, no writ).”
    2 later decisions quote this exact passage
  2. “If a court of appeals finds reversible error that materially affects the trial court's 'just and right' division of property, then it must remand the entire community estate for a new division of the property.”
    1 later decision quote this exact passage
  3. “Given the dearth of evidence identifying, describing, and valuing the community estate, we hold that there is insufficient evidence to support the division of assets.”
    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.