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← 465 SO2D 78 - Shurman v. Lewis

Shurman v. Lewis’s Empirical Analysis

1985

Citation profile

5
cited by 5 later decisions
1
states following
September 1992
most recently cited

5 state decisions

Relationships

Relies on 316 So. 2d 111 - Webster v. Rushing · Joseph A. Oster & Assoc., Inc. v. CAR W. CTR. & OWL, INC. · 445 So. 2d 1308 - Lauer v. City of Kenner · 437 So. 2d 1196 - Frank L. Beier Radio v. Black Gold Marine

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

  1. “When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised by the pleading, such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure to so amend does not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby, and the objecting party fails to satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense on the merits. The court may grant a continuance to enable the objecting party to meet such evidence. (Emphasis added.)”
    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.