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← 524 So. 2d 586 - Sharp Electronics Corp. v. Shaw

524 So. 2d 586 - Sharp Electronics Corp. v. Shaw’s Empirical Analysis

1987

Citation profile

13
cited by 13 later decisions
1
states following
February 2005
most recently cited

1 federal appellate · 10 state decisions

How this case has been cited

Cited by 13 later decisions — most recently February 2005

1 federal appellate · 10 state decisions

90198719902000decided

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 Landy v. Federal Deposit Insurance · 493 So. 2d 1374 - Hammond v. City of Gadsden · First Virginia Bankshares v. Benson · Fidelity-Phenix Fire Ins. Co. v. Murphy · Fidelity & Casualty Co. v. J. D. Pittman Tractor Co.

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

  1. “§ 6-8-84. Effect of statute of limitations. "When the defendant pleads a counterclaim to the plaintiff's demand, to which the plaintiff replies the statute of limitations, the defendant is nevertheless entitled to his counterclaim, where it was a legal subsisting claim at the time the right of action accrued to the plaintiff on the claim in the action.”
    2 later decisions quote this exact passage · from the majority
  2. “"(a) Compulsory Counterclaims. A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim.... "(b) Permissive Counterclaims. A pleading may state as a counterclaim any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim. "(c) Counterclaim Exceeding Opposing Claim. A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party. All counterclaims other than those maturing or acquired after pleading shall relate back to the time the original plaintiff's claim arose."”
    1 later decision quote this exact passage · from the majority
  3. “"At common law, a defendant could not have an offensive recovery on his recoupment claim. The defendant's recoupment recovery could not exceed plaintiff's recovery; defendant could use any recovery only up to the amount of plaintiff's recovery. In effect, recoupment was only an affirmative defense, and statute of limitations issues would not arise. Relation back doctrines became necessary when statutes altered common law rules and allowed affirmative recoveries under counterclaims."”
    1 later decision quote this exact passage · from the majority

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.