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← 368 So. 2d 1188 - Tolar v. Cunningham

368 So. 2d 1188 - Tolar v. Cunningham’s Empirical Analysis

1979

Citation profile

11
cited by 11 later decisions
1
states following
July 1986
most recently cited

11 state decisions

Relationships

Relies on Wood v. Beard · State Ex Rel. Rothrock v. Webber · In Re State Ex Rel. Thoman · 313 So. 2d 915 - Cawthorne v. Williams · Coconut Grove Bank v. Florida Home Insurance

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

  1. “the Supreme Court recognizes a rebuttable presumption that the child's best interests are better served by awarding custody to the parent.”
    3 later decisions quote this exact passage
  2. “"A parent has a paramount right to custody of his or her children. Wood v. Beard, 290 So.2d 675 , supra; In Re State in Interest of Thoman, 253 La. 496 , 218 So.2d 571 (1969). From this parent right, the above mentioned presumption in favor of a parent in a custody contest with a non-parent arises. As noted earlier, this presumption in favor of the parent can be overcome only if the non-parent shows that the parent is unable to provide a home for the child, is unfit for custody or has abandoned the child. Wood v. Beard, supra."”
    2 later decisions quote this exact passage
  3. “... Moreover, we doubt that the legal precepts we must follow in this context can be overridden by such things as suspect (and only suspect) motives and interfamily feeling or spiteful action.”
    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.