Cramer v. Smoot’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Applying these exceptions, dismissals without prejudice have been held ap-pealable in such cases where the dismissal was based on statutes of limitations, theories of estoppel, a plaintiffs lack of standing, failure of the petition to state a claim where the plaintiff chose not to plead further, failure of a plaintiff in a medical malpractice action to file the health care provider affidavit and the plaintiffs claims not being covered by the statute upon which the petition was based.”

   1 later decision quote this exact passage
   e.g. State v. Smothers

2. “Under certain circumstances, however, "[a] dismissal without prejudice may operate to preclude a party from bringing another action for the same cause and may be res judicata of what the judgment actually decided[.j” This includes decisions that would effect a practical termination of the litigation in the "form cast” or in the plaintiff’s forum of choice, as well as situations in which "refiling of the petition at that time would have been a futile act.””

   1 later decision quote this exact passage
   e.g. Carroll Electric Cooperative Corp. v. Lambert

3. “general rule is that a dismissal without prejudice is not a final judgment and, therefore, is not appealable.” Chromalloy American Corp. v. Elyria Founchy Co., 955 S.W.2d 1, 3 (Mo. banc 1997); Doe v. Visionaire Corp., 13 S.W.3d 674, 676 (Mo. App.2000); see Cramer v. Smoot, 291 S.W.3d 337, 339-40 (Mo.App.2009). Under certain circumstances, however,”

   1 later decision quote this exact passage
   e.g. Carroll Electric Cooperative Corp. v. Lambert