Gazil v. Gazil’s Empirical Analysis
1977
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently August 2015
19 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 Willey v. W. J. Hoggson Corp. · Morris v. Rabara · Bronk v. Bronk · Palmer v. Palmer · Durham v. Durham
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]t appears the rule in Florida is as follows: Where the appellant, has disobeyed an order of the trial court, the appellate court may, in its ■ discretion, either entertain or dismiss an appe&l. However, where a dismissal is ordered it' is mandatory that-the disobedient appellant must be given a period of grace, prior to the effective date of the dismissal, in which to comply with the disobeyed order. The order of the District Court of Appeal in the ease sub judice conflicts with these decisions in that petitioner was -not given an opportunity to purge himself so that he could be heard on the merits of the appeal. If an appellant husband absconds, the situation would be quite different and there would be no need to allow a period of time within which he could purge himself and be heard on appeal. If the contempt is for nonpayment of money, he should be given an opportunity to purge himself so that he could be heard on the merits of the case.”
3 later decisions quote this exact passage“In this case, it is noteworthy that the trial court faced the issue and made a finding of fact that the husband was able financially to pay the sums ordered and, in effect, that his failure to do so was in defiance of the trial court. For that reason, I concur with the decision in this case. We are not here concerned with the case where the husband is, after due diligence, unable to make the payments ordered because of his indigency. In such an event, to deny him his right to appeal would, in my opinion, be a deprivation of a constitutional right under both the Constitution of Florida and the Constitution of the United States.”
1 later decision quote this exact passage · from the concurrence“Before dismissing for failure to comply, it is necessary that the trial court make a specific finding that the appellant is able to pay and deliberately refuses to pay[,] which Order is reviewable by the reviewing court on any motion to dismiss appeal for such failure.”
1 later decision quote this exact passage · from the concurrence
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.