159 Ind. App. 290 - Davis v. Davis’s Empirical Analysis

Citation profile

32 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Thus, the Supreme Court has interpreted Rule AP. 4(A) to mean that if the trial court grants or denies a motion to correct errors which is accompanied by a new entry or judgment consisting of additional findings, amendments, or other alterations of the prior judgment, the party aggrieved thereby must file a motion to correct errors addressed to the new entry which has become the final judgment from which appeal is taken. With this interpretation we agree, not only because we are bound to do so, but because it logically stresses the need for specificity of alleged errors in the appeal process. The first sentence of Rule AP. 4(A) referring to appeals ‘from all final judgments,’ as well as the second sentence denominating a ruling on a motion to correct errors as a final judgment is thus given force and effect.””

   10 later decisions quote this exact passage · from the majority
   e.g. 168 Ind. App. 651 - Campbell v. Mattingly · 161 Ind. App. 24 - Easley v. Williams

2. ““If the trial court had simply either granted or denied that Motion to Correct Errors such step would have constituted the final judgment from which this appeal could have been taken without further ado. Rule AP. 4. “However, because of the insufficiency of the November 4, 1970 entry in the light of the attack made upon it by the State’s Motion to Correct Errors, the trial court entered a completely new entry of February 3, 1971, pursuant to Rule TR. 52(B), constituting new findings of fact and a new judgment as authorized further by Rule TR. 59(E). This new entry for the first time set forth the reasons in fact and in law upon which the trial court’s dismissal was based. If they were in error, then a Motion to Correct Errors was clearly necessary. Thus, the February 3, 1971 entry became the final judgment, to which a Motion to Correct Errors, referred to in Rule AP. 4, should have been filed.””

   6 later decisions quote this exact passage · from the majority
   e.g. 161 Ind. App. 24 - Easley v. Williams · 160 Ind. App. 281 - Wyss v. Wyss

3. ““[T]he February 3, 1971 entry [as opposed to a November 4, 1970 entry of dismissal] became the final judgment, to which a Motion to Correct Errors, referred to in Rule AP.4, should have been filed.” State v. Deprez, supra, 260 Ind. at 420-21 , 296 N.E.2d at 124 .”

   1 later decision quote this exact passage · from the majority
   e.g. 164 Ind. App. 56 - Hansbrough v. Indiana Revenue Board