Cook v. Lichtblau’s Empirical Analysis
1965
Citation profile
10 state decisions
How this case has been cited
Cited by 11 later decisions — most recently July 1992
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Benson v. . Dean · Ockert v. Union Barge Line Corp. · Boaz v. Mutual Life Ins. Co. of New York · 110 So. 2d 663 - Atkins v. Humes · Safeway Stores v. Fannan
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * 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““ * * * In view of all the circumstances of this case we conclude that a mistrial should be declared. The basis for a mistrial is found in the action of the trial court dismissing the jury. By dismissing the jury before he exercised his discretion upon what, in legal effect, constituted a motion for dismissal without prejudice, the trial judge effectively foreclosed any possibility of exercising his discretion against granting that motion. By the same action he precluded the possibility of denying the defendants’ motion for a directed verdict, upon which he did not expressly reserve ruling. Under the circumstances we think the trial court should preserve the pending action by declaring a mistrial. * * * ””
1 later decision quote this exact passage“except, however, that nothing stated herein shall preclude a non-suit from being taken pursuant to any applicable statute”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.