Public-domain · open source
OpenJurist
← 213 SO2D 600 - Dailey v. Hendricks

Dailey v. Hendricks’s Empirical Analysis

1968

Citation profile

7
cited by 7 later decisions
2
states following
July 2013
most recently cited

6 state decisions

How this case has been cited

Cited by 7 later decisions — most recently July 2013

6 state decisions

30196819701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on 110 So. 2d 669 - Cloud v. Fallis · 208 So. 2d 101 - Hendricks v. Dailey · 123 So. 2d 339 - McAllister Hotel, Inc. v. Porte · 202 So. 2d 872 - Sardell v. Malanio · Mansell v. Eidge

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

  1. “It is well settled that a trial judge's finding that "the verdict is contrary to the manifest weight of the evidence" must find a basis in the record to sustain the granting of a new trial. An observation by a trial judge that the verdict is contrary to the manifest weight of the evidence does not make such a finding an absolute fact; it must be found from a basis in the record. An appellate court does not review a trial judge's conscience — it reviews the record upon which a trial judge bases his conscience. If the record does not support the finding, it necessarily follows that an abuse of discretion is indicated on the part of the trial judge. McAllister Hotel, Inc. v. Porte, 123 So.2d 339 (Fla. 1960); Cobb v. Brew, 155 So.2d 814 (Fla.App. 1st, 1963); Mansell v. Eidge, 179 So.2d 624 (Fla. App.3d 1965); and Florida Power Corporation v. Smith, 202 So.2d 872 (Fla. App.2d 1967).”
    1 later decision quote this exact passage · from the majority

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.