Florida Bar’s Empirical Analysis
1977
Citation profile
17 state decisions
How this case has been cited
Cited by 18 later decisions — most recently September 2008
17 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 Avila South Condominium Ass'n v. Kappa Corp. · 340 So. 2d 463 - Frankel v. City of Miami Beach · 287 So. 2d 291 - Harrell v. Hess Oil and Chemical Corporation · 313 So. 2d 463 - Wittington Condominium Apts., Inc. v. Braemar Corp. · 237 So. 2d 169 - McCune v. Wilson
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.
“from capricious or arbitrary class actions by the governing authority of the association through provisions of Chapter 718 . . . as well as decisions which impose a fiduciary duty upon the governing body of such associations to afford due process and equal protection to its members.”
5 later decisions quote this exact passage · from the majority“A mobile homeowners' association may institute, maintain, settle, or appeal actions or hearings in its name on behalf of all home owners concerning matters of common interest, including, but not limited to: the common property; structural components of a building or other improvements; mechanical, electrical, and plumbing elements serving the park property; and protests of ad valorem taxes on commonly used facilities. If the association has the authority to maintain a class action under this section, the association may be joined in an action as representative of that class with reference to litigation and disputes involving the matters for which the association could bring a class action under this section. Nothing herein limits any statutory or common-law right of any individual home owner or class of home owners to bring any action which may otherwise be available. An action under this rule shall not be subject to the requirements of rule 1.220.”
2 later decisions quote this exact passage · from the majority“of a condominium association to sue or be sued as representative of the class of unit owners. The Florida Bar case was a petition filed by The Florida Bar acting through its Civil Procedure Rules Committee to modify Fla.R.Civ.P. 1.220(b) (presently Fla.R.Civ.P. 1.221). In denying the petition, the Supreme Court disagreed with the petitioner's assertion that in view of the enactment of section 718.111(2), the rule was unnecessary. Concluding that the rule was not only necessary but was essential to foster public policy enunciated by the legislature, the Supreme Court reiterated”
1 later decision 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.