Cole v. Cole’s Empirical Analysis

Citation profile

31 state decisions

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

1. “1) The parties were married for thirty-two years. 2) The trial court valued the property awarded to Jerry at $81,731.83 (net value — $44,387.83) and the property awarded to Marvella at $74,916.27 (net value — $45,916.27). 3) At the time of the divorce, Jerry was fifty-one years old and Marvella was forty-nine years old. The trial court found both parties were “able bodied, in good health.” It appears from the testimony that the 1981 surgery removed the substantial disability which Marvella incurred as a result of the 1979 accident. 4) The trial court found both parties were capable of earning a living wage. 5) The trial court did not make a specific finding as to the contributions of each party to the accumulation of property, however, the award of approximately equal net amounts may indicate that the trial court found an equal contribution. 6) In essence, Jerry was awarded his business and the home and Marvella was awarded her business. His profit sharing plan was divided equally. The trial court commented that Jerry's business income had been adversely affected by the poor farm economy and that Marvella could use food purchased for the cafe at home.”

   2 later decisions quote this exact passage
   e.g. Henrichs v. Henrichs · Caughron v. Caughron

2. “[g]enerally, fault will not be taken into account with regard to an award of property”

   2 later decisions quote this exact passage
   e.g. Fox v. Fox · Pellegrin v. Pellegrin

3. “On review, this court will examine the trial court’s analysis of the following elements pertinent to fixing legal fees generally: (1) the amount and value of the property involved; (2) the intricacy and importance of the litigation; (3) the labor and time involved; (4) the skill required to draft pleadings and try the case; (5) the discovery procedures utilized; (6) the existence of complicated legal problems; (7) the time required; (8) whether briefs were required; and (9) whether an appeal to this court is involved, [citations omitted.]”

   1 later decision quote this exact passage
   e.g. Henrichs v. Henrichs