Lund v. Owens’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “' Id. (quoting Goldome Credit Corp. v. Player , 869 So.2d 1146 , 1148 (Ala. Civ. App. 2003), quoting in turn Harper Sales Co. v. Brown, Stagner, Richardson, Inc. , 742 So.2d 190 , 192 (Ala. Civ. App. 1999), quoting in turn Brown v. Whitaker Contracting Corp. , 681 So.2d 226 , 229 (Ala. Civ. App. 1996) ). " ' "It is uneconomical for an appellate court to review facts on an appeal following a Rule 54(b) certification that it is likely to be required to consider again when another appeal is brought after the [trial] court renders its decision on the remaining claims or as to the remaining parties. " ' "An appellate court also should not hear appeals that will require it to determine questions that remain before the trial court with regard to other claims.”

   2 later decisions quote this exact passage
   e.g. 240 So. 3d 607 - Kirby v. Jack's Family Rests., LP · 241 So. 3d 719 - Bebee Props., LLC v. Ard

2. “when at least some of the issues presented in the claims still pending in the trial court [are] the same as the issues presented in the claims addressed in the judgment on appeal and '”

   2 later decisions quote this exact passage
   e.g. 240 So. 3d 607 - Kirby v. Jack's Family Rests., LP · 241 So. 3d 719 - Bebee Props., LLC v. Ard

3. “" 'Ordinarily, an appeal can be brought only from a final judgment. Ala. Code 1975, § 12-22-2. If a case involves multiple claims or multiple parties, an order is generally not final unless it disposes of all claims as to all parties. Rule 54(b), Ala. R. Civ. P. However, when an action contains more than one claim for relief, Rule 54(b) allows the court to direct the entry of a final judgment as to one or more of the claims, if it makes the express determination that there is no just reason for delay.' " Grantham v. Vanderzyl , 802 So.2d 1077 , 1079-80 (Ala. 2001). " 'Not every order has the requisite element of finality that can trigger the operation of Rule 54(b).' Goldome Credit Corp. v. Player , 869 So.2d 1146 , 1148 (Ala. Civ. App. 2003) (citing Moss v. Williams , 747 So.2d 905 (Ala. Civ. App. 1999) ). ' " 'Certifications under Rule 54(b) should be entered only in exceptional cases and should not be entered routinely.' " ' Dzwonkowski v. Sonitrol of Mobile, Inc. , 892 So.2d 354 , 363 (Ala. 2004) (quoting State v. Lawhorn , 830 So.2d 720 , 725 (Ala. 2002), quoting in turn Baker v. Bennett , 644 So.2d 901 , 903 (Ala. 1994) ). " ' " ' "Appellate review in a piecemeal fashion is not favored ." ' " ' Id. (quoting Goldome Credit Corp. v. Player , 869 So.2d 1146 , 1148 (Ala. Civ. App. 2003), quoting in turn Harper Sales Co. v. Brown, Stagner, Richardson, Inc. , 742 So.2d 190 , 192 (Ala. Civ. App. 1999), quoting in turn Brown v. Whitaker Contracting Corp. , 681 So.2d 226 , 229 (”

   1 later decision quote this exact passage
   e.g. 241 So. 3d 719 - Bebee Props., LLC v. Ard