268 Pa. Super. 217 - Garrity v. Garrity’s Empirical Analysis
1979
Citation profile
72 state decisions
How this case has been cited
Cited by 72 later decisions — most recently April 1994 · most notably Commonwealth Ex Rel. Robinson v. Robinson (1984), 325 Pa. Super. 39 - In Re Donna W. (1984)
72 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 Commonwealth Ex Rel. Spriggs v. Carson · 240 Pa. Super. 382 - Gunter v. Gunter · 226 Pa. Super. 229 - Commonwealth ex rel. Grillo v. Shuster · Commonwealth ex rel. Holschuh v. Holland-Moritz · Commonwealth Ex Rel. Parikh v. Parikh
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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(O)ur law has long recognized that the scope of review of an appellate court reviewing a custody matter is of the broadest type... Thus, an appellate court is not bound by deductions or inferences made by a trial court from the facts found; ... nor must a reviewing court accept a finding which has no competent evidence to support it ... However, we have also taken great care to stress: "... (T)his broader power of review was never intended to mean that an appellate court is free to nullify the factfinding function of the hearing judge...” (but, instead, is to remain) within the proper bounds of its review and (base a decision) upon its own independent deductions and inferences from the facts as found by the hearing judge. (Citations omitted; emphasis added.)”
4 later decisions quote this exact passage““It is fundamental that in all custody disputes, the best interests of the child must prevail; all other considerations are deemed subordinate to the child’s physical, intellectual, moral and spiritual well being. Commonwealth ex rel. Parikh v. Parikh, 449 Pa. 105 , 296 A.2d 625 (1972); Commonwealth ex rel. Holschuh v. Holland-Moritz, 448 Pa. 437 , 292 A.2d 380 (1972).” Garrity v. Garrity, 268 Pa. Super. 217, 221, 407 A.2d 1323, 1325 (1979). “Among the factors to be considered in determining the best interests of the child are the character and fitness of the parties seeking custody, their respective homes, their ability to adequately care for the child, and their ability to financially provide for the child. Shoemaker Appeal, 396 Pa. 378, 381 , 152 A.2d 666, 668 (1959).” Kessler v. Gregory, 271 Pa.Super. 121, 124 , 412 A.2d 605, 607 (1979). Commonwealth ex rel. Leighann A. v. Leon A., 280 Pa.Super. 249, 252 , 421 A.2d 706, 708 (1980).”
3 later decisions 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.