Hill v. Townsend’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"In so holding, the lower appellate court failed to address the serious, underlying issue presented by Oden's appeal. Dr. Oden's petition does not present a situation where an attorney merely failed to advise a client of notice received, nor does it involve a situation where the attorney was not aware of the entry of a judgment, situations clearly provided for under Rule 60(b)(1). Nor does this case involve an attorney simply *Page 1025 failing to inform a client of the dismissal of an action. In those situations, the general rule that the actions or omissions of an attorney are to be regarded as the acts of the client is justifiably applicable. See: Jenkins . . . . "On the contrary, Dr. Oden's petition presents the question whether an attorney's intentional and active misrepresentations and misconduct leading directly to the dismissal of a client's meritorious claim and preventing the client from taking curative measures to cure default . . . constitute 'any other reason justifying relief from the operation of the judgment.' . . . [T]he facts and circumstances set forth by Dr. Oden clearly speak of a type of intentional misconduct and gross negligence not anticipated by Rule 60(b)(1)."”

   3 later decisions quote this exact passage
   e.g. Clark v. Mobile County Health Department · 544 So. 2d 893 - APPALACHIAN STOVE AND FABRICATORS, INC. v. Roberts

2. “mistake, inadvertence, surprise or excusable neglect”

   1 later decision quote this exact passage
   e.g. Cassioppi v. Damico