464 So. 2d 538 - Walter v. Walter’s Empirical Analysis
1985
Citation profile
65 state decisions
How this case has been cited
Cited by 65 later decisions — most recently August 2011 · most notably 491 So. 2d 265 - Diffenderfer v. Diffenderfer (1986), 464 So. 2d 542 - Marcoux v. Marcoux (1985)
65 state decisions
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 382 So. 2d 1197 - Canakaris v. Canakaris · 334 So. 2d 13 - Shaw v. Shaw · 442 So. 2d 203 - Kuvin v. Kuvin · 439 So. 2d 887 - Conner v. Conner · 300 So. 2d 719 - Brown v. Brown
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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Permanent periodic alimony is used to provide the needs and the necessities of life to a former spouse as they have been established by the marriage of the parties. The two primary elements to be considered when determining permanent periodic alimony are the needs of one spouse for the funds and the ability of the other spouse to provide the necessary funds. The criteria to be used in establishing this need include the parties' earning ability, age, health, education, the duration of the marriage, the standard of living enjoyed during its course, and the value of the parties' estates.”
5 later decisions quote this exact passage“By requiring trial courts to utilize permanent alimony only upon a showing of lack of capacity for self-support and only as a last resort, the district court largely eliminated the Canakaris criteria of `the duration of the marriage, the standard of living enjoyed during its course, and the value of the parties' estates' from the trial judge's consideration. Id. It also appears to have restricted the trial court's ability to use permanent alimony to `balance such inequities as might result from the allocation of income- generating properties acquired during the marriage.' Id. at 1202. By its holding, the district court attempted to establish, as a new rule of law, the presumption that rehabilitative alimony generally must be awarded for an appropriate period before permanent periodic alimony may be made part of a final judgment. We reject this limitation on the discretionary authority of trial courts to utilize permanent alimony in dissolution proceedings. We do not dispute the general authority of the district courts of appeal to establish rules of law, but we must conclude that the strict rule of law set forth by the district court in the instant case is inappropriate because it eliminates from the trial judge's consideration factors that must be evaluated if a just result is to be ensured.”
3 later decisions quote this exact passage“In reviewing the trial court's disposition of property and award of alimony and support, the appellate court's responsibility is to determine from the admitted facts, or the facts taken most favorably to the prevailing party, (1) whether the rules of law were applied correctly and (2) whether the trial court's discretionary authority was reasonably exercised under the test set forth in Canakaris.”
2 later decisions 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.