5 Va. App. 446 - Westbrook v. Westbrook’s Empirical Analysis
1988
Citation profile
75 state decisions
How this case has been cited
Cited by 79 later decisions — most recently March 2015 · most notably 15 Va. App. 395 - Alphin v. Alphin (1992), 19 Va. App. 77 - Gottlieb v. Gottlieb (1994)
75 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 1 Va. App. 272 - McGinnis v. McGinnis · Smoot v. Smoot · 1 Va. App. 118 - Parra v. Parra · Morris v. Morris · Robertson v. Robertson
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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“B. For the purposes of this section only, both parties shall be deemed to have rights and interests in the marital property; however, such interests and rights shall not attach to the legal title of such property and are only to be used as a consideration in determining a monetary award, if any, as provided in this section. C. The court shall have no authority to order the division or transfer of separate property or marital property which is not jointly owned. The court may, based upon the factors listed in subsection E, order the division or transfer, or both, of jointly owned marital property, or any part thereof. [[Image here]] D. In addition, based upon (i) the equities and the rights and interests of each party in the marital property, and (ii) the factors listed in subsection E, the court has the power to grant a monetary award ... to either party.”
1 later decision quote this exact passagee.g. In re Wilkinson“We have said that “the key to a proper award of counsel fees . . . [is] reasonableness under all of the circumstances revealed by the record.” Where the trial judge finds that a fee award is justified, evidence of time expended and services rendered is a proper basis upon which to fix an award.”
1 later decision quote this exact passage“[T]he key to a proper award of counsel fees [is the] reasonableness under all of the circumstances .... Although evidence of time expended by counsel and the charges made to the client is the preferred basis upon which a trial judge can formulate a reasonable award, it is not the only basis.”
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.