521 So. 2d 730 - Sims v. Hays’s Empirical Analysis
1988
Citation profile
1 federal appellate · 13 state decisions
How this case has been cited
Cited by 14 later decisions — most recently May 2019
1 federal appellate · 13 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 421 So. 2d 216 - Leenerts Farms, Inc. v. Rogers · 502 So. 2d 1017 - Central Progressive Bank v. Bradley · Edwards v. Max Thieme Chevrolet Co. · Miller v. Miller · 98 So. 2d 835 - Olinde Hardware & Supply Co. v. Ramsey
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The two debts must be equally liquid.... [A] liquid debt [is] one whose existence is certain and its quantity determined. A disputed debt is not liquid and cannot be admitted as susceptible of compensation unless the one who asserts compensation has in hand the proof of the existence of the disputed debt and is thus in a position to prove it promptly." 4 Aubry & Rau, Cours de Droit Civil Francais, s. 326 (6th ed. 1965).”
2 later decisions quote this exact passage“We agree that this case meets some of the criteria for compensation. There is a mutuality of obligors. Both debts are for a sum of money. C.C. art. 1893; 4 Aubry & Rau, Cours de droit civil fran-cais § 326 (6th ed.1965). However, in one crucial respect, the instant case does not meet the criteria for compensation. The debts are not equally liquidated. The jurisprudence offers various explanations of a “liquidated” claim. A claim is liquidated when its correctness is admitted by the debtor. A claim is liquidated when the debt is for an amount capable of ascertainment by mere calculation in accordance with accepted legal standards. Aubry and Rau defíne a liquid debt as one whose existence is certain and its quantity determined. They elaborate: A disputed debt is not liquid and .cannot be admitted as susceptible of compensation unless, the one who asserts compensation has in hand the proof of the existence of |fithe disputed debt and is thus in a position to prove it promptly.”
1 later decision quote this exact passagee.g. Sanders v. Russell“(a) A lawyer's fee shall be reasonable. The factors to be considered in determining the reasonableness of a fee include the following: (1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer; (3) the fee customarily charged in the locality for similar legal services; (4) the amount involved and the results obtained; (5) the time limitations imposed by the client or by the circumstances; (6) the nature and length of the professional relationship with the client; (7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and (8) whether the fee is fixed or contingent.”
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.