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← 286 Ga. App. 363 - Fink v. Dodd

286 Ga. App. 363 - Fink v. Dodd’s Empirical Analysis

2007

Citation profile

21
cited by 21 later decisions
1
states following
March 2019
most recently cited

15 state decisions

Relationships

Relies on 140 Ga. App. 49 - Williams v. Trust Co. of Ga. · 188 Ga. App. 14 - Kurtz v. Williams · 150 Ga. App. 663 - American Standard, Inc. v. Jessee · 196 Ga. App. 288 - Borden v. Johnson · 266 Ga. App. 515 - Galardi v. Steele-Inman

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

  1. “[i]t is axiomatic that a default does not result in the admission of allegations that are not well-pled or that are the result of forced inferences. The failure to answer or to appear at trial serves as an admission of the facts alleged in the complaint, but not of the conclusions of law contained therein. So while a default operates as an admission of the well-pled factual allegations in a complaint, it does not admit the legal conclusions contained therein. A default simply does not require blind acceptance of a plaintiff’s erroneous conclusions of law. Nor does a default preclude a defendant from showing that under the facts as deemed admitted, no claim existed which would allow the plaintiff to recover.”
    3 later decisions quote this exact passage
  2. “a defendant in default is in the position of having admitted each and every material allegation of the plaintiff's petition except as to the amount of damages alleged. The default concludes the defendant's liability, and estops him from offering any defenses which would defeat the right of recovery.”
    2 later decisions quote this exact passage
  3. “In Georgia, the general rule is that an employee, employed at will and not by contract, cannot bring an action against his employer for wrongful discharge from employment or wrongful interference with the employment contract when and where he is an at will employee with no definite and certain contract of employment. The employer with or without cause and regardless of its motives may discharge the employee without liability.”
    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.