Public-domain · open source
OpenJurist
← 418 SO2D 118 - Ex Parte Kirkley

Ex Parte Kirkley’s Empirical Analysis

1982

Citation profile

11
cited by 11 later decisions
3
states following
November 2014
most recently cited

11 state decisions

How this case has been cited

Cited by 11 later decisions — most recently November 2014

11 state decisions

401982199020002010decided

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 331 So. 2d 623 - Jewell v. Jackson & Whitsitt Cotton Co. · 345 So. 2d 316 - McEntire v. McEntire · 370 So. 2d 275 - Hutchins v. Shepard · 356 So. 2d 196 - Monroe v. Monroe · Holland v. Holland

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

  1. ““The [first] wife has no claim to the property. The title to the marital home of [the husband] and his first wife was transferred to [the husband] by [their] divorce decree. Since the first wife had no right or title to the first house, it is obvious that she could not have any right or title to proceeds from the house which was later built by [the husband and the second wife]. “If [the husband] owed the [first] wife money under the terms of [their] divorce decree, she had the remedy of filing a contempt suit against him. The matter before the Court, however, is to adjudicate a property settlement between [the husband and the second wife], not to determine his compliance with the divorce decree dissolving his former marriage. “As stated previously, we do not rule on whether or not the trial judge abused his discretion in regard to the division of property between [the husband] and his second wife. The trial judge must, however, consider the total proceeds from the sale of [the husband and the second wife]’s marital residence in determining the property settlement.””
    1 later decision quote this exact passage
  2. “After a lapse of thirty days from the date of a divorce decree a court cannot modify a property settlement provision except to correct clerical errors.”
    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.