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← 334 SO2D 325 - Cann v. Cann

Cann v. Cann’s Empirical Analysis

1976

Citation profile

57
cited by 57 later decisions
4
states following
August 2020
most recently cited

54 state decisions

How this case has been cited

Cited by 57 later decisions — most recently August 2020 · most notably 382 So. 2d 1197 - Canakaris v. Canakaris (1980), 174 W. Va. 734 - Luff v. Luff (1985)

54 state decisions

270197619801990200020102020decided

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 309 So. 2d 26 - Lee v. Lee · Aldrich v. Aldrich · 277 So. 2d 583 - Thigpen v. Thigpen · 262 So. 2d 269 - Beard v. Beard · 256 So. 2d 60 - Calligarich v. Calligarich

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

  1. “"... as the period of rehabilitative alimony draws to a close, the wife may, upon a showing of diligent effort toward rehabilitation which through no fault of her own has been unsuccessful, petition the trial court for an extension of the rehabilitative alimony or an award of permanent alimony."”
    6 later decisions quote this exact passage
  2. “"The requirement that lump sum alimony be based upon special equities must not be confused with an award in a dissolution of marriage action to a spouse who has acquired a special equity in property accumulated during the marriage."”
    4 later decisions quote this exact passage
  3. “"Lump sum alimony, sometimes known as alimony in gross, is essentially payment of a definite sum and is in the nature of a final property settlement. Hence, an award of lump sum alimony creates a vested right which survives death ( Morris v. Morris, Fla.App. 2nd 1973, 272 So.2d 202 ) and is not modifiable nor terminable upon the divorced wife's remarriage ( Horne v. Horne, Fla.App. 2nd 1974, 289 So.2d 39 ). Lump sum alimony may consist not only of money, but also or in lieu thereof, real or personal property, such as a marital home. ( Vandervoort v. Vandervoort, Fla.App. 3rd 1974, 300 So.2d 694 .) Regardless of what form it takes, `* * * Lump sum alimony is justified only where it serves a reasonable purpose, such as rehabilitation, or where the marriage's duration or the parties' financial position would make such an award advantageous to both. The wife's need and the husband's ability are still the correct equation to follow. * * *' ( Calligarich v. Calligarich, Fla.App. 4th 1971, 256 So.2d 60, 61 ). "Although lump sum alimony is distinguished from periodic alimony, lump sum alimony may be paid in installments. ( Morris v. Morris, supra) However, in order for it to be categorized as lump sum, it must be for a definite amount and must have some reasonable relationship to the estate of the person upon which it is imposed. ( Horne v. Horne, supra; Keller v. Keller, Fla. 1974, 308 So.2d 106 ) A further element of lump sum alimony is that it be awarded only where special equitie”
    2 later decisions 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.