Hillman v. Weatherly’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[D]ismissal for failure to comply with an order of the trial court is appropriate only where there is a clear record of delay or contumacious conduct and lesser sanctions would not serve the best interests of justice.”

   2 later decisions quote this exact passage
   e.g. Tony L. Smith v. Coldwell Banker Graham & Associates, Inc · 47 So. 3d 689 - Barry v. Reeves

2. “The [cjourt appreciates that dismissal with prejudice is an extreme and harsh sanction that deprives a litigant of the opportunity to pursue his claim, and any dismissal with prejudice [is] reserved for the most egregious cases. This [cjourt has rarely granted such relief but believes that this case so warrants. [[Image here]] Finally, the [c]ourt is of the opinion and belief that a lesser sanction would not better serve the interests of justice. Here, the defendant has faced similar allegations since 2005. Plaintiffs had an opportunity to litigate these damning allegations in 2005, while Ms. Wing [was] alive. Yet when faced with evidence contrary to their position, they chose to dismiss their claims and, in effect, wait until Ms. Wing was no longer available before they brought their claim. Plaintiffs have then done precious little over the years the present action has been pending. Defendant is not responsible for prosecuting plaintiffs’ claims. Yet he has suffered the expense of a defense. At some point in time, defendant should be free from the clouds of suspicion, innuendos[,] and expense attendant to this litigation. This time is now. The [c]ourt does not believe fines, costs, [or] damages against plaintiffs or their counsel, or explicit warnings are suitable remedies. Given all that occurred, better yet, has not occurred, dismissal is an appropriate remedy in the [c]ourt’s opinion and discretion.”

   1 later decision quote this exact passage
   e.g. Wing v. Wing

3. “except for those parties previously ordered to arbitration (Century 21 and Cindy Smith). On July 27, 2016, the Smiths filed a notice of appeal of the court's dismissal of the action, as well as a motion for clarification of the judgment of dismissal and to set trial. 4 ¶ 8. On appeal, we find no abuse of discretion in the circuit court's findings, and we affirm the judgment. ANALYSIS ¶ 9. Under Mississippi Rule of Civil Procedure 41(b), a defendant may move for dismissal of any action or claim against him”

   1 later decision quote this exact passage
   e.g. Tony L. Smith v. Coldwell Banker Graham & Associates, Inc