Public-domain · open source
OpenJurist
← 283 So. 2d 226 - Bernhardt v. Bernhardt

283 So. 2d 226 - Bernhardt v. Bernhardt’s Empirical Analysis

1973

Citation profile

148
cited by 148 later decisions
2
states following
March 2012
most recently cited

147 state decisions

How this case has been cited

Cited by 148 later decisions — most recently March 2012 · most notably 339 So. 2d 835 - Ducote v. Ducote (1976), 352 So. 2d 1013 - Halcomb v. Halcomb (1977)

147 state decisions

73019731980199020002010decided

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 Jackson v. Jackson · 256 So. 2d 782 - Muller v. Moore · Bernhardt v. Bernhardt · 224 So. 2d 26 - Leavines v. Leavines · 273 So. 2d 836 - State ex rel. Wikberg v. Henderson

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

  1. “"Article 160 of the Civil Code authorizes the court, in its discretion, to award alimony after divorce to a wife only when the wife has not been at fault and when she has not sufficient means for her support. If these two conditions are not established, the court does not have the authority to grant alimony after divorce. The award of alimony in this case was contained in the judgment granting respondent a divorce. This evidences the fact that respondent's freedom from fault and her insufficient means were proven to the satisfaction of the court rendering judgment. Relator's consent to the payment of alimony is of consequence only to the extent that such consent is tantamount to a judicial admission on his part of his wife's right to receive alimony, i. e., her freedom from fault and her necessitous circumstances. Having acknowledged judicially his wife's right to receive alimony, relator will not now be heard to complain that proof of an element requisite to the granting of alimony was not made."”
    13 later decisions quote this exact passage
  2. “"* * * Common sense dictates that the term `maintenance', while meaning primarily food, clothing and shelter, does include such items as reasonable and necessary transportation or automobile expenses, medical and drug expenses, utilities, household expenses, and the income tax liability, generated by the alimony payments made to the former wife. * * *" (Bernhardt v. Bernhardt, 283 So.2d 226, 229 )”
    8 later decisions quote this exact passage
  3. “Persons of the age of eighteen years shall be considered of full age and until they attain that age, shall be minors. A person who is eighteen years of age or older shall be regarded as being fully emancipated, shall be considered adults and shall have the same rights, duties, responsibilities and capacities as persons who are twenty-one years of age or older.”
    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.