Johns v. May’s Empirical Analysis

Citation profile

8 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. “When a levy is made by writ of execution, writ of attachment, or writ of garnishment upon any personal property, money, choses in action, or other property of a personal nature which may be exempt from levy and sale by any process upon which levy shall have been made, the debtor, if he wishes to claim such property as exempt from sale, as aforesaid, shall make or cause to be made, within 10 days from the date of the levy, an inventory of the whole of his personal property, affixing thereto true and correct cash valuations thereof; shall attach to such inventory an affidavit made by himself or his attorney or authorized agent that the inventory contains a true and correct list or schedule of all the personal property owned by him in this state, and the true cash value thereof; and shall in such schedule designate which property he claims to be exempt or wishes to have set aside as his exemption.”

   1 later decision quote this exact passage
   e.g. Smith v. American Consumer Finance Corp. (In Re Smith)

2. “Appellant’s contention that he has an absolute right to a homestead exemption is without merit. As properly noted by the trial judge [in] his order, Article VII, Section 6 ... [d]oes not establish an absolute right to a homestead exemption. Rather, it clearly provides that taxpayers who otherwise qualify shall be granted an exemption [o]nly ‘upon establishment of right thereto in the manner prescribed by law’. In this case, of course, ‘the manner prescribed by law’ is set forth in Chapter 196, Florida Statutes .... Here, as noted by the trial judge, plaintiff simply failed to file his application for a homestead exemption in a timely manner, as required by said Chapter. Therefore, the appellant, who has failed to follow the Florida Constitutional ‘requirement’ in Article VII, Section 6, cannot be heard to complain of being denied the dependent Florida Constitutional ‘right’ contained in same.”

   1 later decision quote this exact passage
   e.g. 1 So. 3d 1133 - Haddock v. Carmody

3. “[t]he test to be applied to determine if a particular statute is in violation of the due process clause is whether it bears a reasonable relation to a permissible legislative objective and is not discriminatory, arbitrary, or oppressive.”

   1 later decision quote this exact passage
   e.g. 823 So. 2d 757 - Hall v. State