Propst v. Morgan’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... [A] trial court may, after notice and opportunity for hearing, order that [a party’s] appeal be dismissed where there has been an unreasonable delay in the filing of the transcript and it is shown that the delay was inexcusable and was caused by such party. In like manner, the trial court may order the appeal dismissed where there has been an unreasonable delay in the transmission of the record to the appellate court, and it is seen that the delay was inexcusable and was caused by the failure of a party to pay costs in the trial court. . . .”

   4 later decisions quote this exact passage
   e.g. Webb's Erection, Inc. v. Colonial Pacific Leasing Corporation · Postell v. Alfa Insurance

2. “[a] trial judge’s dismissal of an appeal under OCGA § 5-6-48 (c) requires a significant exercise of discretion based on findings of fact[,] ... in those rare cases in which an appeal is dismissed under OCGA § 5-6-48 (c) by a trial judge who previously denied a recusal motion, an appellate court should consider the merits of the recusal motion before considering the merits of the trial judge’s dismissal ruling. 15”

   1 later decision quote this exact passage
   e.g. 312 Ga. App. 214 - Jones v. Unified Government of Athens-Clarke County

3. “[A] line of appellate decisions holds that, if a party files a motion to recuse a trial judge and the motion is denied, but it is later determined that the judge should have been disqualified to act in the case, all proceedings after the filing of the motion to recuse are 'invalid and of no effect.'”

   1 later decision quote this exact passage
   e.g. Mondy v. Magnolia Advanced Materials, Inc.