Simon v. Simon’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In Chastain v. Chastain, Fla.1954, 73 So.2d 66, 68 , which is cited and relied on by the appellant, the Supreme Court said: ‘ * * * A final decree of divorce awarding alimony should not be modified as to alimony without a strong showing that the husband’s ability to pay has depreciated. The burden is. upon the complaining party to make this strong showing. Income alone is not necessarily the test in determining ability to pay. As pointed out by the Chancellor in the final decree awarding-divorce and fixing alimony, “one must consider the nature of his capital assets,, as well as his income.” ’ See also Terry v. Terry, Fla.App.1961, 126 So.2d 890, 892 ; Howard v. Howard, Fla.App. 1960, 118 So.2d 90, 94 ; Platt v. Platt, Fla.App.1958, 103 So.2d 253, 255 . In the Howard case the court said: ** * * In addition to income,, consideration must also be given to the extent and value of the husband’s capital assets. The manner in which title to-the husband’s assets is held is not necessarily controlling in determining his. ability to pay.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Knight v. Knight