24 So. 3d 1153 - NHS MANAGEMENT, LLC v. Wright’s Empirical Analysis
2009
Citation profile
2
cited by 2 later decisions
1
states following
May 2014
most recently cited
2 state decisions
Relationships
Relies on Citizens Bank v. Alafabco, Inc. · Ex Parte Dowling · Harris v. Martin · City of Daphne v. Caffey · Marsh v. Marsh
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.
“‘“In Patterson v. Hays, 623 So.2d 1142, 1145 (Ala.1993), [the Alabama Supreme] Court stated: “ ‘ “Although relief from a judgment may be granted under Rule 60(b)(5) if a prior judgment upon which the judgment is based has been reversed or otherwise vacated, or if it is no longer equitable that the judgment should have prospective application, ‘[Rule 60(b)(5) ] does not authorize relief from a judgment on the ground that the law applied by the court in making its adjudication has been subsequently overruled or declared erroneous in another and unrelated proceeding.’ 7 Jerome Wm. Moore, Moore’s Federal Practice par. 60.26(3)(1991).” “ ‘623 So.2d at 1145. See also City of Daphne v. Coffey, 410 So.2d 8, 10 (Ala.1982) (“Rule 60 is not a substitute for an appeal.”); McLeod v. McLeod, 473 So.2d 1097, 1098 (Ala.Civ.App.1985) (“We first note that Rule 60(b) is an extreme remedy to be used only under extraordinary circumstances.”); Marsh v. Marsh, 338 So.2d 422, 423 (Ala.Civ.App.1976) (“The cases applying Rule 60(b), though seeking to accomplish justice, have indicated careful consideration for finality of judgment[s]. In that regard, they have required the mov-ant to show good reason for failure to take appropriate action sooner ... and to show a good claim or defense.”).’ “Kupfer v. SCI-Alabama Funeral Servs., Inc., 893 So.2d 1153, 1156-57 (Ala.2004). See also Harris v. Martin, 834 F.2d 361, 364 (3d Cir.1987) (‘[T]he “prior judgment” clause of Rule 60(b)(5)[, Fed.R.Civ.P.,] “does not”
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.