Berks v. Fine’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Generally,] [t]he record is viewed in the light most favorable to the trial court’s order and the dismissal will be sustained on appeal absent a clear showing of abuse of discretion. However, even upon a showing of [the rule 60.02] prerequisites, [t]he right to be relieved of a judgment is not absolute * * * The decision to vacate a judgment is largely within the trial court’s discretion and that decision will not be reversed on appeal absent a clear abuse of discretion.”

   2 later decisions quote this exact passage
   e.g. Hellerstedt v. MacGibbon · Bentonize, Inc. v. Green

2. “(1) The court may on its own motion, or upon motion of a party, and upon such notice as it may prescribe, dismiss an action or claim for failure to prosecute or to comply with these rules or any order of the court. [[Image here]] (3) Unless the court in its order for dismissal otherwise specifies, a dismissal under this rule and any dismissal not provided for in this rule or in Rule 41.01, ⅜ ⅜ * operates as an adjudication upon the merits.”

   2 later decisions quote this exact passage
   e.g. Collins v. Cochrane and Bresnahan, P.A. · Bentonize, Inc. v. Green

3. “Cases filed with the Court prior to July 1, 1985, but not certified ready for trial, will be activated effective July 1, 1985, for the purposes of the initial filing date. All cases activated on this date will be dismissed on July 1, 1986, unless a note of issue/certificate of readiness has been filed or the case has been continued prior to the expiration of 12 months, under Rule 41.02, Rules of Civil Procedure.”

   1 later decision quote this exact passage
   e.g. Collins v. Cochrane and Bresnahan, P.A.