Kester v. Small’s Empirical Analysis
2005
Citation profile
2 state decisions
Relationships
Relies on 192 W. Va. 189 - Painter v. Peavy · 194 W. Va. 138 - Chrystal R.M. v. Charlie A.L. · 157 W. Va. 778 - Toler v. Shelton · 189 W. Va. 459 - Robinson v. McKinney · Consolidated Gas Supply Corp. v. Riley
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A circuit court may exercise its discretion, pursuant to Rule 60(a) of the West Virginia Rules of Civil Procedure, to correct oversights and omissions in prior orders so as to give effect to the original intent of the prior order. In determining the original intent of the prior order, actions of the original parties (and their successors in interest) are relevant factors to be considered. Substantial weight should be afforded to actions of the original parties (and their successors in interest) which are consistent with the alleged intent of the prior order.”
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.