McKibbin v. Fujarek’s Empirical Analysis
1980
Citation profile
17 state decisions
How this case has been cited
Cited by 17 later decisions — most recently September 2018
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 360 So. 2d 68 - Randle-Eastern Ambulance Service v. Vasta · 376 So. 2d 1162 - Town of Hialeah Gardens v. Hendry · Rich Motors, Inc. v. Loyd Cole Produce Express, Inc. · Sun First Natl. Bank v. Green Crane & Concrete Serv. Inc. · 333 So. 2d 106 - De Baun v. Michael
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Clerical Mistakes. Clerical mistakes in judgments, decrees or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time on its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pend-ency of an appeal such mistakes may be so corrected before the record on appeal is docketed in the appellate court and thereafter while the appeal is pending may be so corrected with leave of the appellate court. (b) Mistakes: Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, etc. On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, decree, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party; (4) the judgment or decree is void; (5) the judgment or decree has been satisfied, released or discharged or a prior judgment or decree upon which it is based has been reversed or otherwise vacated or it is no longer equitable that the judgment or decree should have prospective application. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year ”
2 later decisions quote this exact passage · from the majority“After reviewing the record, we disagree. The case of McKibbin concerned a plaintiff who filed a suit in both Broward and Dade Counties for personal injuries. Pursuant to an agreement with opposing counsel, plaintiff filed a notice of voluntary dismissal in the Broward County action, but contended that the notice inadvertently contained the words”
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.