Klein v. Klein’s Empirical Analysis

Citation profile

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

1. “First, Cristen did not receive a “default” judgment against Kevin. The judgment was entered pursuant to the Stipulated Agreement signed by both parties. In Jeffries v. Jeffries, 434 N.W.2d 585, 588 (S.D.1989), we discussed a similar stipulated divorce agreement and stated that “[I]n the absence of fraud, free deliberate choices are not subject to relief under Rule 60(b).” Id. at 588 . We went on to add: “We know of no law suggesting that because a husband is not represented by counsel, a property settlement signed by him is voidable.” Id. at 589 . Second, Kevin made little, if any, showing of excusable neglect. What little evidence Kevin provided was controverted by testimony from Cristen and another witness. The trial court judged the credibility of the witnesses and concluded Kevin had failed to prove excusable neglect. SDCL 15-6-52(a). Insurance Agents, Inc. v. Zimmerman, 381 N.W.2d 218 (S.D.1986). The trial court’s findings were not clearly erroneous and will not be set aside. Proceedings for Dep. in Court of Monies, 417 N.W.2d 187 (S.D.1987).”

   1 later decision quote this exact passage
   e.g. Crothers v. Crothers