Penalber v. Blount’s Empirical Analysis
1981
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently April 2019
10 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 386 So. 2d 193 - Ouachita Equipment Rental, Inc. v. Dyer · Wilson v. McNabb · 244 So. 2d 301 - Moon v. Moon
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.
“[a] diligent search of the record does not indicate that [the article 1913] mandatory duties were executed. The only copy of a notice of judgment was one served by the Deputy Clerk of Court on October 31, 1980. It does not indicate on what date it was mailed, if in fact it was mailed. . . . . . There is nothing in the record to indicate the critical date from which the delays for applying for a new trial, or the delays of appealing, could be tolling. Appeals are favored under our law and jurisprudence. In the absence of a proper [dated] notification to counsel of the judgment having been signed, there is uncertainty as to date, and that doubt must be resolved in favor of the right to appeal.”
2 later decisions quote this exact passage“By LSA-CCP Art. 1913, as amended in 1961 . . ., the district clerk is under a mandatory duty to file a certificate showing the date of mailing of the judgment and to whom. The evident purpose of this provision is to avoid uncertainty as to the extinction of favored rights of appeal and to prevent disputes such as the present. In the absence of such a certificate, doubts should be resolved in favor of the right to appeal. [Citations omitted].”
2 later decisions quote this exact passage“the parties were entitled to written notice of judgment from the Clerk of Court”
1 later decision quote this exact passage
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.