Hester v. Gatlin’s Empirical Analysis
1976
Citation profile
1 federal appellate · 26 state decisions
How this case has been cited
Cited by 27 later decisions — most recently August 2012 · most notably 546 So. 2d 1051 - Landis v. Allstate Ins. Co. (1989), Tiny's Liquors, Inc. v. Davis (1977)
1 federal appellate · 26 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 318 So. 2d 386 - Lincenberg v. Issen · MacNeill v. O'NEAL · 177 So. 2d 833 - Hall v. Florida Board of Pharmacy · 89 So. 2d 491 - Albert's Shoes v. Crabtree Construction 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“all other persons, firms, corporations, associations”
2 later decisions quote this exact passage“[The Fishers] ... do hereby release, acquit, and forever discharge JAMES K. HAYS, Individually, CHIP OSOWASKI, Individually, and ALLSTATE INSURANCE COMPANY, and only them, of and from any actions, causes of action, claims, demands, damages, costs, loss of services, expenses, and compensation, on account of, or in any way growing out of, any and all known and unknown personal injuries, property damage and intangible damage resulting or to result from or by reason of an accident that occurred on or about the 13th day of October, 1993, in the vicinity of Palm Beach County, Florida. It is the intention of the plaintiffs, CHARLES W. FISHER and CONSTANCE J. FISHER to retain their legal right to seek additional relief from non-settling parties. This Release is intended to supercede and take the place of that certain Release dated October 24, 1997, and signed by Charles W. Fisher and Constance J. Fisher. The parties acknowledge that said Release failed to reflect the agreement between the signatories thereto and James K. Hays, Chip Osowaski, and Allstate Insurance Company. This Release shall be effective, and relate back to, October 2b, 1997.”
1 later decision quote this exact passagee.g. Fisher v. Clarizio“* * * * * * "The fact that the consideration for this release only flowed from Frank and Gilchrist did not prevent [Gatlin] from obtaining its benefits as a third party beneficiary. See Albert's Shoes v. Crabtree Construction Co., Fla. 1956, 89 So.2d 491 . The inclusion of the italicized language in the release was also beneficial to Frank and Gilchrist, if for no other reason than to be available as an additional defense to a claim for contribution such as is being made by Hester in this case." * * * * * *”
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.