Vives v. VERZINO’s Empirical Analysis

Citation profile

2 district · 18 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Summary judgment] shall be rendered ... if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”

   2 later decisions quote this exact passage
   e.g. Hernandez v. Grando's LLC · City of Albuquerque v. SMP Props., LLC

2. “Section 29-llA-3(A) defines a “conviction” as “a conviction in any court of competent jurisdiction and includes a deferred sentence, but does not include a conditional discharge.” This definition very clearly exempts conditional discharges and only conditional discharges. The doctrine of expressio unius est ex-clusio alterius — the expression or inclusion of one thing indicates exclusion of the other — is applicable here. The statute by negative implication simply does not include dispositions similar to conditional discharges, like conditional discharges, or akin to conditional discharges. Petitioner’s argument urges for a redefining of what is already defined as a conviction by Florida and by implication in New Mexico.”

   1 later decision quote this exact passage
   e.g. Kvech v. New Mexico Department of Public Safety

3. “[I]n ruling on a motion for summary judgment, a court is not wed to a party's assertion of conclusions of law whether in a petition, complaint, or motion for summary judgment, even if the conclusions are admitted by the opposing party.”

   1 later decision quote this exact passage
   e.g. Hernandez v. Grando's LLC