Harder v. Harder’s Empirical Analysis
1972
Citation profile
16 state decisions
How this case has been cited
Cited by 17 later decisions — most recently September 1992
16 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 252 So. 2d 825 - Steinhauer v. Steinhauer · 127 So. 2d 481 - Pittman v. Mehaffey · 123 So. 2d 52 - Banfi v. Banfi · 235 So. 2d 53 - Sistrunk v. Sistrunk · Rankin v. Rankin
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.
“line of cases arises from F.S. § 689.15, F.S.A., wherein the last sentence provides: `... and in cases of estates by entirety, the tenants, upon divorce, shall become tenants in common.' The courts have stated that in the absence of an agreement between the parties or appropriate pleadings a chancellor is without authority to effect what might amount to a property settlement between the parties to a divorce action and cannot dispose of the property belonging to the parties as an incident to the divorce. Banfi v. Banfi, Fla.App. 1960, 123 So.2d 52 ; Latta v. Latta, Fla.App. 1960, 121 So.2d 42 ; Bell v. Bell, Fla.App. 1959, 112 So.2d 63 . The courts have affirmed this rule in Rankin v. Rankin, Fla.App. 1972, 258 So.2d 489 ; Steinhauer v. Steinhauer, Fla.App. 1971, 252 So.2d 825 ; Massey v. Massey, Fla.App. 1967, 205 So.2d 1 . By virtue of F.S. § 689.15, F.S.A. and Florida case law the property that had been owned jointly by the husband and wife as tenants of an estate by the entirety during marriage, automatically became owned by the parties after divorce as tenants in common. Sistrunk v. Sistrunk, Fla.App. 1970, 235 So.2d 53 . The decree appealed by the wife concerning her conveyance of all right, title and interest in all her property other than the marital home is reversed since this would amount to an unlawful property settlement by the chancellor.”
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.