474 So. 2d 654 - Davis v. Davis’s Empirical Analysis
1985
Citation profile
15 state decisions
How this case has been cited
Cited by 17 later decisions — most recently October 2017
15 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 Roan v. Smith · Greer v. Eye Foundation, Inc. · BESSEMER EXECUTIVE AVIATION v. Barnett
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"When the question does not show on its face the answer that will be given, and that such should be relevant, there must be an offer of proof made for appeal purposes. It is often a very close determination as to whether the question on its face does or does not show the answer that will be given. Because of this dilemma, it behooves the questioning party to make an offer of proof in every case where the trial judge sustains an objection made to his question propounded to a witness. The cases cited below show the danger in not following this suggested course of action. "At the moment an objection is sustained to a question propounded to a witness, the party asking the question should state to the court the answer expected from the witness in order for the court to *Page 895 determine whether or not the expected answer is admissible."”
1 later decision quote this exact passage“"Once there is evidence that the representation to the plaintiff was false, the plaintiff may then offer evidence of similar representations to others about the same time for the purpose of bolstering the conclusion that the representation to him was false. Such is admissible even though there is no evidence warranting a finding that the misrepresentations were a part of a common plan or scheme. "Even where there is no issue of the defendant's intent to defraud, such intent may be a ground for an award of punitive damages. When such damages are claimed by the plaintiff, he may make proof of similar misrepresentations tending to show such intent."”
1 later decision quote this exact passage“[t]he law does not permit a litigant with knowledge of previously unserved pleadings and documents to go to trial, gamble on a favorable outcome at the hands of the jury, and then, if he loses, raise this deficiency for the first time on a post-trial motion for a new trial.”
1 later decision 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.