Cloer v. Shawver’s Empirical Analysis
1965
Citation profile
4 state decisions
How this case has been cited
Cited by 4 later decisions — most recently April 2000
4 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 Klosenski v. Flaherty · 129 So. 2d 162 - Dibble v. Jensen · Field v. Newsom
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"* * * The instant suit was filed prior to the death of decedent, so the real question narrows down to the point of whether the filing by plaintiff of the motion for substitution of parties constituted a bringing of `appropriate suit, action or proceedings' as contemplated by the statute. Or stated another way, do the pertinent provisions quoted from Rule 1.19(a) and § 733.18(2), Florida Statutes, require that service of the motion for substitution of parties be accomplished upon the executrix within the two months period prescribed in § 733.18(2), Florida Statutes. F.S.A.? We think not. "[1] Rule 1.2(a), which provides: `Every suit of a civil nature shall be deemed as commenced when the complaint is filed; * * *', has been construed to mean what it says; that is, the filing of the complaint constitutes the bringing of the action so that such tolls the running of the statute of limitations. By the same reasoning, where a suit is pending prior to the death of the defendant, the filing of the suggestion of death and the motion for substituting the representatives of the estate as party defendants is equivalent to the filing of a complaint against the estate. * * *" 177 So.2d at 694 .”
1 later decision quote this exact passage“"* * * If objection is filed [to a claim], the person filing it shall serve a copy * * * on the creditor * * *. "In such event, the claimant shall be limited to two calendar months from the date of such service within which to bring appropriate suit, action or proceedings upon such claim."”
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.