Rowe v. Silver’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The court had previously granted an order of dismissal pursuant to the non-suit in the first independent action only ■on the condition that costs be paid. The plaintiff then was entitled to file the action again in the absence of a rule or statute to the contrary. Having ■so filed the second independent action it was not subj ect to dismissal upon the ground that the cause of action had been previously dismissed. This is true because the prior cause between the same parties was terminated by a final order providing that the dismissal was ‘without prejudice.’ The only reasonable meaning of ‘without prejudice’ in this circumstance was that a new complaint could be brought on the same cause of action. This determination, having been made between the parties, was not subject to a reversal by the trial judge upon the refiling of the cause of action.” (emphasis added)”

   1 later decision quote this exact passage
   e.g. Thoman v. Ashley

2. ““ * * * [W] e hold that the statute (F.S. 54.09 F.S.A.) insofar as it permits the taking of a nonsuit at the plaintiff’s instance after the answer is filed, or after motion for summary judgment is made without stipulation of all parties who have appeared in the action, and without an order of ■court first had, is inconsistent with Paragraph (a) of Rule 1.35, as revised in 1962; that it conflicts with such Rule, and is, therefore, to such extent, .abrogated and superseded by the Rule.””

   1 later decision quote this exact passage
   e.g. Thoman v. Ashley