Mihaley v. White’s Empirical Analysis
1986
Citation profile
3
cited by 3 later decisions
1
states following
January 1992
most recently cited
3 state decisions
Relationships
Relies on 346 So. 2d 105 - Berry v. Clement · Aetna Life Insurance v. County Casuals, Inc.
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The tenant was not required by Florida law to file an answer or make a deposit into the Court registry for the Court to hear his motion to dismiss. The tenant’s motion was made pursuant to Chapter 51, Fla. Stat. (1985), and the Florida Rules of Civil Procedure, which, under Rule 1.010, Fla. R.Civ.P. (1985), apply to landlord-tenant cases to the extent that they are not superseded by Chapter 51, Florida Statutes, Berry v. Clement, 346 So.2d 105 (Fla. 2d D.C.A. 1977). A motion to dismiss is not a “defense” required by Fla. Stat. Section 51 to be made in the tenant’s answer, or which requires a deposit into the Court registry pursuant to Fla. Stat. Section 83.60(2) (1985). Under both Chapter 51 and the Florida Rules of Civil Procedure, motion practice is permitted, and a motion to dismiss tolls the time for filing, and is separate and distinct from, an answer. Aetna Life Ins. Co. v. County Casuals, Inc., 5 Fla.Supp.2d 107 (Orange County 1983).””
2 later decisions quote this exact passage · from the majority
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.