2012 Ark. App. 171 - Summers v. Byrd’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “First, the court’s ruling dismissing this case was made pursuant to Ark. R. Civ. P. 56 (2011). A court grants a motion for summary judgment when it determines that there are no genuine issues of material fact to be litigated and, therefore, that the party is entitled to judgment as a matter of law. By definition, the action was never “tried upon the facts” to either a jury or the court. The object of a summary judgment proceeding is not to try the issues, but to determine if there are any issues to be tried. Thus, Rule 52 is inapplicable to a court’s decision pursuant to Rule 56. Furthermore, Rule 52 specifically provides that “[fjindings of fact and conclusions of law are unnecessary on decisions of motions under these rules.” Appellant argues that, notwithstanding this language, the better practice would be for the court to explain its decisions. Perháps. But this court has no authority to rewrite Rule 52; accordingly, we affirm the court’s denial of his motion.”

   1 later decision quote this exact passage
   e.g. 2014 Ark. App. 683 - Anderson v. Citimortgage, Inc.