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← 480 So. 2d 470 - Oster v. Oster

480 So. 2d 470 - Oster v. Oster’s Empirical Analysis

1985

Citation profile

4
cited by 4 later decisions
1
states following
December 1991
most recently cited

4 state decisions

Relationships

Relies on 348 So. 2d 75 - Pearce v. Pearce · 412 So. 2d 649 - Quinn v. Quinn · Manley v. Manley

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

  1. “... we think, Mr. Oster's testimony was that of a person who, in his own mind, found his marriage too inharmonious and unbearable to sustain. We do not say that a person in such an unhealthy frame of mind should stay with his or her spouse, but we are saying that if a husband (or a wife for that matter) finds flaws in his union or in his mate and he withdraws, he does so at his peril unless, as proclaimed in Pearce v. Pearce , his wife's transgressions are grave enough to be objectively considered an independent, contributory or proximate cause of his defection.”
    2 later decisions quote this exact passage
  2. “"The record reflects a gradual deterioration of the marital relationship between these parties over the past several years. Some four or five years prior to institution of this action, defendant completely withdrew himself from the normal husband-and-wife relationship. He showed her no affection. His attitude toward her was one of resentment and, at times, even belligerence. For the past three years he refused to eat his meals at home. When in the city he would only sleep at home, leave early in the morning, return in the afternoon, leave again without his night meal, and return about 10:00 or 11:00 p.m. When leaving the city, as his work often required that he do, he would give his wife no information where he was going, where he could be reached, how long he would be gone, or when he would return. For two or three years immediately preceding their separation, defendant refused to speak to his wife, using their son as an intermediary to deliver messages."”
    1 later decision quote this exact passage
  3. “"Mr. Oster did not suggest that his wife had been unfaithful or that she hadn't been a good mother, instead he said that Mrs. Oster didn't allow him sufficient freedom and that she felt that `... you should be a couple one hundred percent of the time...'. When she didn't get her way, Mr. Oster said, his wife would pout and `go on for days ... without talking to him...' and that she sometimes refused to have sex with him as a form of punishment. He also testified about such isolated things as Mrs. Oster refusing to go to a church barbecue because he had played golf earlier that day. Another time, Mr. Oster said, his wife was upset when an uninvited guest arrived for Sunday dinner. Also, Mr. Oster testified that Mrs. Oster once became angry because he was going to Manresa for a retreat." 480 So.2d at 471 .”
    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.