Union Trust Co. v. Fields’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. ““ * * * From the fact that non-suits have been abolished it does not necessarily follow: (1) that a motion for leave to take a 'nonsuit without prejudice’ is 'tantamount to a dismissal with' prejudice,’ (2) that a plaintiff’s motion for voluntary dismissal after he has rested and the defendant has moved for a directed verdict necessarily comes too late, or (3) that it would be an abuse of discretion to grant a voluntary dismissal at that late stage merely because the plaintiff [has] not established 'a submissible case.’ Rule 1.35(a) of the Florida Rules of Civil Procedure expresses no such limitations upon the discretion of the trial judge in passing on a motion for voluntary dismissal. Further, the leading federal decisions interpreting identical language in Federal R.C.P. 41(a) expressly recognize the propriety of allowing such a dismissal, even at that late stage, where there was a 'technical failure of proof [and] there is nevertheless a meritorious claim,’ * *”

   1 later decision quote this exact passage
   e.g. Dade County v. Peachey