Edwards v. Benefield’s Empirical Analysis

Citation profile

11 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"All obligations for permanent alimony, however created, the time for performance of which has not arrived, shall terminate upon remarriage of the party to whom the obligations are owed unless otherwise provided."”

   2 later decisions quote this exact passage
   e.g. Fisher v. Fredrickson · Marriage of Burrell v. Burrell

2. “The decree in this case was entered on [June 12, 1987]. Therefore, it is controlled by the rationale of Wiley v. Wiley, 243 Ga. 271 ( 253 SE2d 750 ) (1979). That rationale is that the trial court must construe the alimony obligation to determine whether the parties have “provided otherwise” under OCGA § 19-6-5 (b) to avoid termination of alimony on remarriage. If ... the alimony obligation is ambiguous, it is the function of the trial court to resolve that ambiguity and determine the intent of the parties following the ordinary rules of construction. See OCGA § 13-2-1 et seq. [Edwards v. Benefield, 260 Ga. 238, 240 ( 392 SE2d 1 ) (1990) (dissent of Hunt, J.).] 3”

   1 later decision quote this exact passage · from the dissent
   e.g. Fisher v. Fredrickson

3. “Hereafter in order for a court to hold that an instrument “provides otherwise” than the general rule that remarriage terminates permanent alimony obligations within the meaning of OCGA § 19-6-5 (b) it must expressly refer to remarriage of the recipient and specify that event shall not terminate the permanent alimony obligations created thereby. The language must be clear and unequivocal. The rule of Wiley [v. Wiley, 243 Ga. 271 ( 253 SE2d 750 ) (1979)], will no longer be followed.”

   1 later decision quote this exact passage
   e.g. Fisher v. Fredrickson