Tosh v. Schwab’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An appeal from a judgment strips the trial court of power over the subject matter of the judgment, and this Court has jurisdiction until the appeal is decided. Reaser v. Reaser, 2004 SD 116, ¶ 28 , 688 N.W.2d 429, 437 ; In re Estate of Hoffman, 2002 SD 129, ¶ 17 , 653 N.W.2d 94, 100 ; Ryken v. Ryken, 440 N.W.2d 307, 308 (S.D.1989); Matter of D.H., 354 N.W.2d 185 (S.D.1984). Consequently, once a notice of appeal has been filed, a “trial court is restrained from entering any order that would change or modify the judgment on appeal or have the effect of interfering with review of the judgment.” Reaser, 2004 SD 116, ¶ 28 , 688 N.W.2d at 437 -38 (citing Hoffman, 2002 SD 129, ¶ 17 , 653 N.W.2d at 100 n. 7).”

   1 later decision quote this exact passage
   e.g. State v. A.B.

2. “(1) whether the delay resulting from the continuance will be prejudicial to the opposing party; (2) whether the continuance motion was motivated by procrastination, bad planning, dilatory tactics or bad faith on the part of the moving party or his counsel; (3) the prejudice caused to the moving party by the trial court’s refusal to grant the continuance; and (4) whether there have been any prior continuances or delays.”

   1 later decision quote this exact passage
   e.g. Meadowland Apartments v. Schumacher