218 W. Va. 340 - Fernandez v. Fernandez’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Any party may file a motion for reconsideration of a temporary or final order of the family court for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect or unavoidable cause; (2) newly discovered evidence which by due diligence could not have been available at the time the matter was submitted to the court for decision; (3) fraud, misrepresentation or other misconduct of an adverse party; (4) clerical or other technical deficiencies contained in the order; or (5) any other reason justifying relief from the operation of the order.”

   1 later decision quote this exact passage · from the majority
   e.g. 223 W. Va. 191 - Burton v. Burton

2. “In view of the comparable language found in Rule 60(b) and of the standard of review applicable thereto, this Court, for purposes of convenience, will adopt the appellant's designation of the motion filed before the Family Court as a request for relief under Rule 60(b). See, Ray v. Ray, 216 W.Va. 11 , 602 S.E.2d 454 (2004), indicating, however, that, inasmuch as W.Va.Code, 51-2A-10 (2001), specifically applies to Family Courts, its use is more appropriate than Rule 60(b).”

   1 later decision quote this exact passage · from the majority
   e.g. 223 W. Va. 191 - Burton v. Burton