Ogur v. Mogel’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(3) Review of non-final orders of lower tribunals is limited to those which ... determine ... the issue of liability in favor of a party seeking affirmative relief.”

   3 later decisions quote this exact passage
   e.g. 404 So. 2d 131 - Alamo Rent-A-Car, Inc. v. Summers · 653 So. 2d 1085 - Canal Ins. Co. v. Reed

2. “the trial court's order, setting forth the future indemnity rights of the defendants and the sequence in which the defendants would be responsible to pay any judgment in favor of Mogel, (a) did not determine an "issue of liability," since the liability of any of these defendants was necessarily inchoate prior to such judgment, cf. American Heritage Institutional Securities, Inc. v. Price, 379 So.2d 420 (Fla. 5th DCA 1980) ..., and (b) was not a ruling on motions which sought "affirmative relief," see Rhein v. Rhein, 244 Minn. 260 , 69 N.W.2d 657 (1955) ("affirmative relief" is that for which defendant might maintain an action entirely independent of plaintiff's claim and which he might proceed to establish and recover even if plaintiff abandoned his cause of action or failed to establish it); Simpson v. Superior Court in and For Los Angeles County, 68 Cal. App.2d 821 , 158 P.2d 46 (Cal. App.2d Dist. 1945) (affirmative relief does not include mere defensive matter, but means the allegation of new matter which amounts to a counterattack); compare York Insurance Co. v. Becker, 364 So.2d 858 (Fla. 2d DCA 1978); (3) the result is unaffected by cases decided under former Florida Appellate Rule 4.2a (1962), which authorized an interlocutory appeal from a partial summary judgment on the issue of liability without regard to whether the issue was decided "in favor of a party seeking affirmative relief," see, e.g., Jerome Naglebusch, Inc., v. Frank J. Rooney, Inc., 342 So.2d 121 (Fla. 3”

   1 later decision quote this exact passage
   e.g. 583 So. 2d 361 - BE & K, INC. v. Seminole Kraft Corp.

3. “see Rhein v. Rhein, 244 Minn. 260 , 69 N.W.2d 657 (1955) (”

   1 later decision quote this exact passage
   e.g. 583 So. 2d 361 - BE & K, INC. v. Seminole Kraft Corp.