Dasher v. Dasher’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Where, as here, a bench trial is held in a divorce action, the trial “court sits as the finder of fact and, as such, is charged with the responsibility of determining whether ... a particular item is a marital or non-marital asset. . . . The final judgment and decree of divorce entered in the case at bar contains [some findings of fact and] the results of that process but does not contain [all the] findings of fact that clarify the rationale used by the trial court to reach its result. (Cits.) However, a superior court judge is not required to make findings of fact in a nonjury trial unless requested to do so by one of the parties prior to the entry of the written judgment (cits.). . . . Inasmuch as the issues on appeal depend upon the factual determinations made by the trial court as the factfinder and neither party asked the trial court to make factual findings, we are unable to conclude that the trial court’s (failure to make an) equitable distribution of marital property [to Windham] was improper as a matter of law or as a matter of fact.” [Cit.] If, as it appears, the trial court found, as matter of fact, that [the proceeds from the house sale were not] marital property, then there was no error, as a matter of law, in failing to award [Windham] a portion of [Ms. Araya’s] separate assets.”

   1 later decision quote this exact passage
   e.g. Windham v. ARAYA