Powell v. Gutierrez’s Empirical Analysis
1987
Citation profile
4 district · 28 state decisions
How this case has been cited
Cited by 32 later decisions — most recently February 2016 · most notably Vigil v. Thriftway Marketing Corp. (1994), J.T. Masonry Co. v. Oxford Construction Services, Inc. (1989)
4 district · 28 state decisions
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 Rogers v. Kroger Co. · Holt v. Pitts · Titus v. Mercedes Benz of North America · Paris Reizakis v. Albert E. Loy · Davis v. Williams
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A dead case is one in which neither party demonstrates an interest in having the issue resolved. This circumstance occurs for varying reasons, ie., the parties may leave the jurisdiction, they may settle their dispute, or other circumstances may make the issue no longer viable. In any event, parties often neglect to dismiss their suits when their reasons for further prosecution have dissipated. These are the kind of cases that Rule 2-507 was devised to eliminate under a simple procedure.”
4 later decisions quote this exact passage · from the majority“(c) For lack of prosecution.—An action is subject to dismissal for lack of prosecution at the expiration of one year from the last docket entry, other than an entry made under this Rule, Rule 2-131, or Rule 2-132, except that an action for divorce a mensa et thoro or for permanent alimony is subject to dismissal under this section only after two years from the last such docket entry. (d) Notification of contemplated dismissal.—When an action is subject to dismissal pursuant to this Rule, the clerk shall serve a notice on all parties pursuant to Rule 1-321 that an order of dismissal for lack of jurisdiction or prosecution will be entered after the expiration of 30 days unless a motion is filed under section (e) of this Rule. (e) Deferral of dismissal.—On motion filed at anytime before 30 days after service of the notice, the court for good cause shown may defer entry of the order of dismissal for the period and on the terms it deems proper. (f) Entry of dismissal.—If a motion has not been filed under section (e) of this Rule, the clerk shall enter on the docket “Dismissed for lack of jurisdiction or prosecution without prejudice” 30 days after service of the notice. If a motion is filed and denied, the clerk shall make the entry promptly after the denial.”
3 later decisions quote this exact passage · from the majority“To show “good cause,” the party filing the motion to defer dismissal must demonstrate to the court that he is ready, willing, and able to proceed with the prosecution of his claim and that the delay in prosecution is not wholly without justification. If the party makes this showing, the court should regard the case as viable and defer dismissal. This deferral, however, should be subjeet to a schedule for prosecution and should be made on such terms as the court determines are appropriate under the circumstances.”
3 later decisions quote this exact passage · from the majority
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.