Hilyer v. Fortier’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. “" 'Typically, this Court reviews a trial court's decision granting or denying a motion to set aside a default judgment to determine whether the trial court, in so deciding, exceeded its discretion. Kirtland v. Fort Morgan Auth. Sewer Serv., Inc. , 524 So.2d 600 , 603 (Ala. 1988). However, this Court has previously determined that the judgment that results from a trial court's failure to rule on a motion subject to denial by operation of law under Rule 59.1 is not automatically entitled to the same deference that is afforded a judgment arrived at after due deliberation. Edgar v. State , 646 So.2d 683 , 686-87 (Ala. 1994) ; and Perdue v. Gates , 403 So.2d 165 (Ala. 1981).... [B]ecause the trial court took no valid action indicating that the decision to deny Jeffery's motion was the product of due deliberation, we review Jeffery's motion to set aside the default judgment de novo, applying the analysis mandated by Kirtland . " ' "Under Kirtland , the trial court must first presume that cases should be decided on the merits whenever it is practicable to do so. This presumption exists because the right to have a trial on the merits ordinarily outweighs the need for judicial economy. Second, the trial court must apply a three-factor analysis in determining whether to set aside a default judgment: it must consider '1) whether the defendant has a meritorious defense; 2) whether the plaintiff will be unfairly prejudiced if the default judgment is set aside; and 3) whether the default j”

   2 later decisions quote this exact passage
   e.g. Hilyer v. Fortier · Reliable Auto. Ctr. v. Jackson

2. ““The trial court subsequently entered an order setting a hearing on Hilyer’s motion to set aside the default judgment, “On April il, 2014, Fortier filed her opposition to Hilyer’s motion to set aside. In support of her opposition, For-tier attached her. affidavit; affidavits from M.M., B.D., and R.W.; an affidavit -from Marc McHenry, ■ an investigator with Fortier’s counsel’s law firm; copies of correspondence from Fortier’s counsel; an 'affidavit from Fortier’s counsel; and an affidavit from Shannon Rattan, the secretary for Fortier’s counsel.””

   2 later decisions quote this exact passage
   e.g. Hilyer v. Fortier · Reliable Auto. Ctr. v. Jackson

3. “" ' "[O]ur mandate in this case 'is not to be construed to mean that the trial court must set aside the default judgment, [but] only that the trial court must apply the Kirtland factors in deciding whether to set aside the default judgment.' " Richardson v. Integrity Bible Church, Inc. , 897 So.2d 345 , 349 (Ala. Civ. App. 2004), quoting White v. Westmoreland , 680 So.2d 348 , 349 (Ala. Civ. App. 1996).' "”

   2 later decisions quote this exact passage
   e.g. Hilyer v. Fortier · Reliable Auto. Ctr. v. Jackson