179 So. 3d 831 - Elliot v. Holmes’s Empirical Analysis
2015
Citation profile
3 state decisions
Relationships
Relies on 634 So. 2d 1180 - Reynolds v. Select Properties, Ltd. · 739 So. 2d 191 - Magnon v. Collins · 848 So. 2d 577 - Cadwallader v. Allstate Ins. Co. · Bonin v. Westport Ins. Corp. · 956 So. 2d 583 - Sims v. Mulhearn Funeral Home, Inc.
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.
“A motion for summary judgment is a procedural device used to avoid a full-scale trial when there is no genuine issue of material fact. The summary judgment procedure is favored and is designed to secure the just, speedy, and inexpensive determination of every action. A motion for summary judgment should be granted only if the pleadings, depositions, answers to interrogatories, and admissions, together with the affidavits, if any, admitted for purposes of the motion for summary judgment, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law. A material fact is one that potentially insures or prevents recovery, affects a litigant’s ultimate .success, or determines the ^outcome of the lawsuit. An issue is genuine if it is such that reasonable persons could disagree; if only one conclusion could be reached by reasonable persons, summary judgment is appropriate as there is no need for trial on that issue. Under La, C.C.P. art 966, the initial burden is on the mover to show that, no genuine issue of material fact exists. If the moving party will not bear the burden of proof at trial, the moving party must only point out that there is an absence of factual support for one or more elements essential to the adverse party’s claim, action, or defense. The nonmoving party must then produce factual support to establish that he will be ' able to satisfy his evidentiary burden of proof at trial. If the nonmoving party fails to do ”
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.