Synovus Bank v. Mitchell’s Empirical Analysis
2016
Citation profile
1 state decisions
Relationships
Relies on Gambale v. Deutsche Bank AG · Nelson v. Napolitano · Matthews v. Gaither · Hicks v. NLO, Inc. · Nancy McKinnon Hinsdale v. The Farmers National Bank & Trust Company, Jane M. McKinnon
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"(a) Voluntary Dismissal; Effect Thereof. "(1) By Plaintiff; By Stipulation . Subject to the provisions of Rule 23(e), of Rule 66, and of any statute of this state, an action may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs , or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice ...."”
1 later decision quote this exact passage“'[a] dismissal, whether voluntary or involuntary, may be set aside by the court, like any other judgment, on proper motion under Rule 60(b),' " and we further noted that this provision was in accord with the "majority of federal circuits when considering whether a voluntary dismissal pursuant to Rule 41(a)(1)(A), Fed. R. Civ. P., can be set aside by a motion filed pursuant to Rule 60(b), Fed. R. Civ. P., both of which are substantially similar, respectively, to our own Rule 41(a)(1) and Rule 60(b).”
1 later decision quote this exact passage“had in reinstating the City's complaint so as to allow the circuit court to consider Walker Brothers' counterclaims. In Synovus , this Court held that, after Synovus's action was voluntarily dismissed pursuant to Rule 41(a)(1)(i), the trial court retained limited authority to consider a Rule 60(b), Ala. R. Civ. P., motion filed by Synovus to set aside its voluntary notice of dismissal. We noted that the Committee Comments to Rule 41 expressly provide that”
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.