363 So. 2d 760 - Holmes v. Powell’s Empirical Analysis
1978
Citation profile
34 state decisions
How this case has been cited
Cited by 34 later decisions — most recently October 2015 · most notably 467 So. 2d 964 - Rudd v. Rudd (1985), ALA. FARM BUREAU MUT. CAS. INS. CO. v. Boswell (1983)
34 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 Blades v. United States · Gow v. Multnomah Hotel, Inc. · LeFlore v. State Ex Rel. Moore · 49 Ohio App. 2d 402 - Townsend v. Bd. of Building Appeals · 359 So. 2d 388 - Moutry v. State
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"(a) Dismissal of Appeal. (1) An appeal shall be dismissed if the notice of appeal was not timely filed to invoke the jurisdiction of the appellate court. "* * * "(b) Suspension of Rules. ... provided, however, an appellate court may not extend the time for taking an appeal, as provided in Rule 4(a)(1); ..." (Emphasis supplied.) Correspondingly, Rule 4(a)(1), Ala.R.App.P., provides: "Except as otherwise provided herein, in all cases in which an appeal is permitted by law as of right to the Supreme Court or to a court of appeals, the notice of appeal required by Rule 3 shall be filed with the clerk of the trial court within 42 days (six weeks) of the date of the entry of the judgment or order appealed from...." (Emphasis supplied.)”
4 later decisions quote this exact passage“A timely filing of the notice of appeal is jurisdictional, . . . the sanction to be applied for an untimely filing being dismissal.”
4 later decisions quote this exact passage“Contrary to the defendants' argument, Rule 25 (a), ARAP does not apply to all filings, but only to filings in an appellate court. That rule does not allow a certified mailing date as this was to be deemed the filing date in a trial court.”
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.