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← 3 SO3D 746 - Jenkins v. Oswald

Jenkins v. Oswald’s Empirical Analysis

2009

Citation profile

2
cited by 2 later decisions
1
states following
January 2016
most recently cited

2 state decisions

Relationships

Relies on 731 So. 2d 1192 - Rains v. Gardner · 815 So. 2d 1183 - Holmes v. Coast Transit Authority · 834 So. 2d 26 - Webster v. Webster · 910 So. 2d 541 - Montgomery v. SmithKline Beecham Corp. · 809 So. 2d 674 - LeBlanc v. Allstate Ins. Co.

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

  1. “[G]ood cause is likely (but not always) to be found when the plaintiff's failure to complete service in timely fashion is a result of the conduct of a third person, typically the process server, the defendant has evaded service of the process or engaged in misleading conduct, the plaintiff has acted diligently in trying to effect service or there are understandable mitigating circumstances, or the plaintiff is proceeding pro se or in forma pauperis.”
    1 later decision quote this exact passage
  2. “If a service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without prejudice upon the court's own initiative with notice to such party or upon motion.”
    1 later decision quote this exact passage · from the dissent
  3. “Stated another way, a plaintiff who — prior to expiration of the service period — files a motion representing that he or she has been unable to serve process, will more likely succeed in demonstrating diligence than a plaintiff who does nothing. Either way, however, the plaintiff must demonstrate diligence. " Id. at 546 (Emphasis added.) ¶ 28. Here, to establish diligence or "good cause,”
    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.