Sousa v. Palumbo’s Empirical Analysis

Citation profile

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

1. “The appellant's action was clearly one seeking `to enforce or interpret the rights or obligations of the parties' since such action sought an interpretation of the contract by which it would be enforceable severally against each stockholder executing the contract, each of the appellees having done so. Upon prevailing against appellant's action the appellees were entitled to fees and costs. Furthermore, in our view, the appellees should not be estopped to invoke this provision because they claimed in defense that there was no enforceable contract. To estop the appellees in such cases is to ignore the plain meaning of the attorneys' fee provision that provides for fees and costs to the prevailing party. Indeed, if anyone should be estopped it should be the appellant who claims that the agreement is valid and enforceable against the appellees, but seeks to deny validity and enforceability of the attorneys' fee provision.”

   1 later decision quote this exact passage · from the majority
   e.g. Leitman v. Boone

2. “this contract, and Giltex, as the prevailing party, is therefore entitled to recover from Diehl all costs connected with the litigation, including attorney fees at trial and on appeal. AFFIRMED in part, REVERSED in part, and REMANDED for correction of the final judgment and determination of reasonable attorney fees. NIMMONS and MINER, JJ., concur. NOTES [1] In Leitman , the court ruled that competent substantial evidence supported the trial court's finding that no contract was ever formed because the offer made by the plaintiffs was never accepted, and that because there was”

   1 later decision quote this exact passage · from the majority
   e.g. 544 So. 2d 302 - Giltex Corp. v. Diehl

3. “In connection with any litigation ... arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.”

   1 later decision quote this exact passage · from the majority
   e.g. Weiner v. Tenenbaum