Doss v. Brown’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. In tire event of the entry of a judgment or judgments of paternity and support, ... a person against whom such a judgment or judgments have been entered may file a petition requesting a circuit court with jurisdiction over the subject child or children to set aside said judgment or judgments in the interests of justice and upon the grounds set forth in this section.[T]he petition shall be filed within two years of the entry of the original judgment of paternity and support. ... Any such petition shall be served upon the biological mother and any other legal guardian or custodian in the same manner provided for service of process in the rules of civil procedure. The child or children shall be made a party and shall have a guardian ad litem appointed. [[Image here]] 2. The petition shall include an affidavit executed by the petitioner alleging that evidence exists which was not considered before entry of judgment and either: (1) An allegation that genetic testing was conducted within ninety days prior to the filing of such petition using DNA methodology to determine the probability or improbability of paternity [with results attached, which] indicate that a person subject to the child support payment order has been excluded as the child's father; or (2) A request to the court for an order of genetic paternity testing using DNA methodology. 3. The court, after a hearing wherein all interested parties have been given an opportunity to present evidence and be heard, and upon a ”

   1 later decision quote this exact passage
   e.g. Gwyn v. Summers

2. “Sanctions may be awarded if 'a party fails to answer interrogatories or file objections thereto within the time provided by law' or 'fails to produce documents and tangible things as requested under Rule 58.01.' Rule 61.01(b), (d). Sanctions may include the following orders: (1) striking pleadings or parts thereof and (2) entering default judgments. Rule 61.01(b), (c). When a party fails to produce documents, the court may also enter an order 'refusing to allow the disobedient party to support or oppose designated claims or defenses or prohibit the disobedient party from introducing designated matters in evidence.' Rule 61.01(d)(1). The court's choice as to which sanction promotes the purpose of discovery is a matter of its discretion. J.B.C. v. S.H.C. , 719 S.W.2d 866 , 870 (Mo. App. E.D. 1986). The selection of sanctions 'should depend on the nature of the information sought in relation to the proceeding, what orders will best assist the litigant seeking the information, and the benefits and disadvantages to the litigants and the court resulting from the sanction chosen.' Id. 'Any Rule 61.01 sanction in excess of that which is necessary to accomplish the purposes of discovery may be an abuse of discretion.' Id. at 872 . We will not reverse a trial court's sanctions unless they reflect an abuse of discretion. Crimmins v. Crimmins , 121 S.W.3d 559 , 561 (Mo. App. E.D. 2003).”

   1 later decision quote this exact passage
   e.g. Goodsell v. Noland

3. “The trial court has discretion to impute income to an unemployed parent. In doing so, the court must consider the relevant factors: (1) The parent’s probable earnings based on the parent’s work history during the three years, or such time period as may be appropriate, immediately before the beginning of the proceeding and during any other relevant time periods; (2) The parent’s occupational qualifications; (3) The parent’s employment potential; (4) The available job opportunities in the community; and (5) Whether the parent is custodian of a child whose condition or circumstances make it appropriate that the parent hot be required to seek employment outside the home. The record must support the amount imputed and the parent’s capacity to earn that amount. We will not disturb a child support award unless the evidence is palpably insufficient to support it.”

   1 later decision quote this exact passage
   e.g. Bradley M. Robertson Individually and as Next Friend for olivia Y. Robertson v. Lorna Nelson