Johnson v. Johnson’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[n]o judgment by default ... be entered against ... parties to an action for divorce ... unless the claimant establishes the party's claim or right to relief by evidence.”

   2 later decisions quote this exact passage
   e.g. Mendia v. Encarnacion · 257 So. 3d 316 - Morrow v. Dillard

2. “'on consideration of the pleadings and hearing held for sanctions,' and not upon any other evidence.”

   2 later decisions quote this exact passage
   e.g. Mendia v. Encarnacion · 257 So. 3d 316 - Morrow v. Dillard

3. “a party fails to obey an order to provide or permit discovery,” Rule 37(b)(2), "Rule 37(b)(2)(C) ... authorizes a sanctioning court to enter ‘[a]n order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party' "). . Although, as I will explain, infra, I construe the husband's motion as a Rule 60(b) motion, I note that the main opinion improperly construes the husband’s motion as a Rule 59, Ala. R. Civ. P., motion. The proper vehicle for requesting that a default judgment be set aside is Rule 55(c) motion, and the husband titled his motion as both a “motion to set aside” and as a "motion to alter, amend or vacate”

   1 later decision quote this exact passage
   e.g. Mitchell v. Campbell