Swindle v. Swindle’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “" 'A final judgment is a terminative decision by a court of competent jurisdiction which demonstrates there has been complete adjudication of all matters in controversy between the litigants within the cognizance of that court. That is, it must be conclusive and certain in itself . Gandy v. Hagler , 245 Ala. 167 , 16 So.2d 305 [ (1944) ] ; Bell v. Otts , 101 Ala. 186 , 13 So. 43 [ (1893) ]. All matters should be decided; damages should be assessed with specificity leaving the parties with nothing to determine on their own. A judgment for damages to be final must, therefore, be for a sum certain determinable without resort to extraneous facts. Gandy v. Hagler , supra ; Drane v. King , 21 Ala. 556 [ (1852) ].' " Jewell v. Jackson & Whitsitt Cotton Co. , 331 So.2d 623 , 625 (Ala. 1976) (first emphasis added). ' "The question of finality of the [judgment] may be phrased as whether there is 'something more for the court to do.' " ' Wilson v. Wilson , 736 So.2d 633 , 634 (Ala. Civ. App. 1999) (quoting Powell v. Powell , 718 So.2d 80 at 82 [ (Ala. Civ. App. 1998) ], quoting in turn Wesley v. Brandon , 419 So.2d 257 , 258 (Ala. Civ. App. 1982) ). "Because the March 18, 2013, order does not determine the amount of the credit to be afforded the father against the child-support arrearage established in the June 2012 judgment entered in case no. 81, that order did not ' "conclusively determine[ ] the issues before the court and ascertain[ ] and declare[ ] the rights of the parties involv”

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

2. ““When a decision is within the trial court’s discretionary powers, the trial court ‘has the power to choose between two or more courses of action and is therefore not bound in. all cases to select one over another.’ In re 2010 Denver Cnty. Grand Jury, 296 P.3d 168, 176 (Colo.Ct.App.2012). With limited exceptions, the trial court is not required to provide findings of fact or to express, either orally on the record or within a writing, any or all of its reasoning for the decision it makes. But when the discretionary ruling is challenged on appeal, the appellate court can hear the voice of the trial court only from the record and must be able to find support within the record for the trial court’s decision.””

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

3. “" ' "[j]urisdictional matters are of such magnitude that we take notice of them at any time and do so even ex mero motu ." ' Raybon v. Hall , 17 So.3d 673 , 675 (Ala. Civ. App. 2009) (quoting Nunn v. Baker , 518 So.2d 711 , 712 (Ala. 1987) ). ' "The question whether an order appealed from is final is jurisdictional, and the reviewing court, on a determination that the order is not final, has a duty to dismiss the case on its own motion." ' Hinson v. Hinson , 745 So.2d 280 , 281 (Ala. Civ. App. 1999) (quoting Powell v. Powell , 718 So.2d 80 , 82 (Ala. Civ. App. 1998) )."”

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