448 So. 2d 1176 - Woolfson v. Rose’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Moreover, despite appellant’s suggestion to the contrary, this is not a case where the trial court’s reservation of jurisdiction to award attorneys’ fees usurped the master’s fact-finding role or failed to pay due deference to facts found by the master. The master did not find that the wife was disentitled to attorneys’ fees and costs; indeed, he found nothing on this issue. Nor did the trial court’s order determine a matter which was not the subject of appropriate notice and pleadings so that it could be said to have denied the appellant due process, cf. Gonzalez v. Gonzalez, 446 So.2d 237 (Fla. 3d DCA 1984); Barreiro v. Barreiro, 377 So.2d 999 (Fla. 3d DCA 1979); instead the trial court merely reserved jurisdiction to determine in the future, presumably upon appropriate notice and after adequate hearing, the wife’s entitlement vel non to fees and costs. Finally, this is not a case where the trial court can be said to have lost jurisdiction to award attorneys’ fees and costs because of its failure to reserve or retain such jurisdiction. Cf. Maney v. Maney, 413 So.2d 131 (Fla. 1st DCA 1982); Berlin v. Berlin, 395 So.2d 1260 (Fla. 3d DCA), rev. denied, 402 So.2d 607 (Fla.1981); Oyer v. Boyer, 383 So.2d 717 (Fla. 4th DCA 1980); Frumkes v. Frumkes, 328 So.2d 34 (Fla. 3d DCA 1976). It was the master who did not reserve jurisdiction, and his failure to do so, preceding as it did the entry of a final judgment, is inconsequential.”

   1 later decision quote this exact passage
   e.g. 476 So. 2d 709 - Gaudiosi v. Gaudiosi

2. “We fully realize that ... the trial dockets are often unusually congested due to a tremendous volume of litigation. We also realize that such congestion taxes the capacity of the most devoted judges. However, we are also mindful of that there is a constitutional duty imposed on the judiciary by Art. I, § 21 of the Constitution of the State of Florida, wherein it is stated that all persons shall have access to the courts and that "... justice shall be administered without ... denial... ." Under Rule 1.490, RCP, a circuit judge may appoint masters and refer certain matters to them as a matter of procedure. However, "the judicial power ... (is) not delegable in whole or in part by the courts." ... . Even when no exceptions are made to the master's report, entry of a final judgment in accordance with the master's findings and recommendations is not a mere formality. Rather, the court is duty bound to examine and consider the evidence for itself and to make a judicial determination as to whether under the law and the facts the court is justified in entering the judgment recommended by the master.”

   1 later decision quote this exact passage
   e.g. 662 So. 2d 1276 - De Clements v. De Clements