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← 242 Ga. App. 691 - Heath v. Sims

242 Ga. App. 691 - Heath v. Sims’s Empirical Analysis

2000

Citation profile

17
cited by 17 later decisions
3
states following
June 2019
most recently cited

15 state decisions

Relationships

Relies on Moody v. Mendenhall · 234 Ga. App. 670 - Empire Fire & Marine Insurance v. Metro Courier Corp. · Herring v. Standard Guaranty Insurance · Gnann v. Woodall · 233 Ga. App. 284 - Gary v. Weiner

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

  1. “[W]ith respect to areas in which the probate court has been given exclusive, original subject matter jurisdiction, its authority is broad.... [W]ith matters relating to estates, the probate court has exclusive, original jurisdiction. It follows that a claim that an executor has breached a fiduciary duty would not fall outside the jurisdiction of the probate court simply because the plaintiff sought damages. To hold otherwise would allow disgruntled beneficiaries to remove a case from the probate court, the forum best suited to adjudicating such disputes, simply by alleging a claim for damages.”
    1 later decision quote this exact passage
  2. “Probate courts have authority, unless otherwise provided by law, to exercise original, exclusive, and general jurisdiction of ... [a]ll other matters and things as appertain or relate to estates of deceased persons and to persons who are incompetent because of mental illness or intellectual disability....”
    1 later decision quote this exact passage
  3. “Not every litigant has a right to an equitable accounting, which 'is granted only in carefully prescribed and determined circumstances, such as when an accounting at law is inadequate.'”
    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.