Baer v. Simon’s Empirical Analysis
1976
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently February 1997
18 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 Laiche v. Laiche · Phillips v. Hartford Accident & Indemnity Co. · Holman v. Holman · 309 So. 2d 894 - Collette v. Olivier · 269 So. 2d 270 - Bell v. Bell
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"... the provisions of Article 232 of the Civil Code which, as applied to this case, declares that, when a person who gives alimony ` * * * is replaced2 (placed) in such a situation that the one can no longer give, * * * reduction of the alimony may be sued for and granted.' This simply means that, if the person who is required to provide alimony becomes unable to do so, by reason of fortuitous events or other circumstances beyond his control, such as the loss of his position or illness, relief will be granted as it would be highly unjust to exact from the obligor a strict compliance with his duty under those conditions. But it would be contrary to the letter and spirit of the law to conclude that one required to pay alimony should be relieved therefrom, either wholly or partially, when he has brought about his own unstable financial condition by voluntarily incurring subsequent obligations, secondary to the alimony obligation, which render him unable to meet that obligation. Note the language of the codal article. It states he `is replaced (sic) in such a situation that the one can no longer give * * *', connoting an involuntary condition. It is to be borne in mind that it is the primary obligation of plaintiff to support, maintain and educate his children (Article 227, Civil Code)3.... Indeed, any voluntary act by a parent which renders it difficult or impossible to perform the primary obligation of support and maintenance of his children cannot be countenanced as a ground ”
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.