O.S. v. E.S.’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. ““On June 22, 1984, the probate court entered final orders holding that B.W.C. had legally adopted A.N.M. and K.K.M. After B.W.C. and his wife divorced, and approximately three years after the probate court had entered the orders of adoption, B.W.C. filed a petition in the probate court to set aside the adoptions as fraudulent, alleging that his signature had been forged on the petitions for adoption. “On April 7, 1989, the probate court transferred the case to the juvenile court, which denied B.W.C.’s petition with the following order: “‘After careful review of the facts presented during the trial of this case, it is the opinion of the Court that the relief sought by the petitioner is due to be denied. On Aug. 22, 1985, the Circuit Court of Marshall County entered a divorce decree in case DR-85-200170 which terminated the marriage of [B.W.C. and KC.]. Said decree provided that [B.W.C.] was to pay child support in the amount of $300.00 each month. [B.W.C.], the petitioner in this action, made no attempt to appeal his divorce decree. Some two years after the entry of the decree of divorce, [B.W.C.] filed this action seeking to set aside the adoption granted on June 22,1984. “ ‘It is apparent to the Court after review of the transcript of the divorce proceeding that the issue of the validity of the adoption was raised at that time. The Circuit Court found that [B.W.C.] had an obligation to pay support for these children. If [B.W.C.] wished to contest that finding, the proper met”

   1 later decision quote this exact passage · from the concurrence
   e.g. O.S. v. E.S.

2. ““A probate court’s authority to set aside an adoption on collateral attack is governed by Ala.Code 1975, § 26-10A-25(d), which provides that “ ‘[a] final decree of adoption may not be collaterally attacked, except in cases of fraud or where the adoptee has been kidnapped, after the expiration of one year from the entry of the final decree and after all appeals, if any.’ “See G.M. v. T.W., 75 So.3d 1181, 1186-87 (Ala.Civ.App.2011). The fact that the probate court has statutory jurisdiction, pursuant to § 26-10A-25(d), to entertain a collateral attack on a judgment of adoption does not, however, vitiate either (a) the circuit court’s jurisdiction to entertain an independent action to have a probate court’s judgment set aside on the ground of fraud on the court or (b) the circuit court’s general equitable jurisdiction to decide all issues between the parties in a divorce action.””

   1 later decision quote this exact passage
   e.g. O.S. v. E.S.

3. “"The stepgrandmother testified that, during a week when she and the grandfather had been separated, she had written a letter to her attorney, requesting that she be removed as a party from the instant litigation. She acknowledged that she had arranged for the wife to read the letter and that she had told the wife that ‘it was wrong’ for the grandfather to take the child from the husband and the wife.””

   1 later decision quote this exact passage
   e.g. O.S. v. E.S.