Shad v. Dewitt’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * When the general plan is borne in mind and persons holding the positions defined as `unclassified' are eliminated it is plain that persons serving the county in the remaining places were not intended by the legislature to include anyone exercising a part of the sovereign authority of the state, hence occupying a post of such dignity as to fall within the meaning of this section of the Constitution. We are confirmed in this view by the phraseology of the title of the act, which specifically describes it as one providing civil service for employees. From this and from the provision for the exclusion of certain officers and others performing technical service and the like, making the act operative only on the remainder, we are convinced that there was no intention on the part of the legislature for the law to affect officers in the true sense of that word. In any event, should it eventually develop that one exercising the prerogatives or performing the duties of the character rendering him an officer, as that word has been defined by this court in construing the Constitution, the matter of the efficacy of the act in the particular instance may then be litigated and decided." (Emphasis supplied.)”

   1 later decision quote this exact passage
   e.g. 70 So. 2d 293 - Blackburn v. Brorein

2. “"It is charged by appellant that the act is invalid because in it an attempt was made to delegate legislative and judicial functions and powers to the Civil Service Board and its secretary, contrary to the inhibitions of Article II. The act is not found to be so infected when it is measured by the rule announced by this court in Arnold v. State ex rel. Culbreath, 140 Fla. 610 , 190 So. 543 , and reiterated in Hutchins v. Mayo, 143 Fla. 707 , 197 So. 495 , 133 A.L.R. 394 . If the legislature defines a pattern to which rules and regulations must conform, then the provisions empowering the adoption of those rules and regulations to effectuate the general purpose of the act cannot be said to amount to an unlawful delegation of power. * * *" (Emphasis ours.)”

   1 later decision quote this exact passage
   e.g. 82 So. 2d 513 - Mayer v. Dade County