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← 539 So. 2d 306 - Minkoff v. Abrams

539 So. 2d 306 - Minkoff v. Abrams’s Empirical Analysis

1988

Citation profile

6
cited by 6 later decisions
1
states following
April 2017
most recently cited

6 state decisions

How this case has been cited

Cited by 6 later decisions — most recently April 2017

6 state decisions

301988199020002010decided

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 International Shoe Co. v. Washington · Burger King Corporation v. Rudzewicz · Hanson v. Denckla · Kulko v. Superior Court of California in and for City and County of San Francisco · Corcoran v. Corcoran

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

  1. “"A motion raising the defense of a lack of in personam jurisdiction shall be made before the filing of a responsive pleading if a further pleading is permitted. Rule 12(b), Alabama Rules of Civil Procedure. Since an answer is permitted in cases of this nature and since the father's motion was filed after he had filed his pro se answer, the motion raising that defense was improperly filed. "`Therefore, any defense in law or in fact available to a party at the time he serves his responsive pleading should be asserted. But the policy of compelling the assertion of defenses by responsive pleading is not absolute. The liberal amendment policies under Rule 15 allow a party to add defenses to his responsive pleading that have been overlooked by mistake or neglect or that have become available to him after he has served his pleading, provided that the amendment does not prejudice the opposing party.' "5 C. Wright & A. Miller, Federal Practice and Procedure § 1348, at 538 (1969). "It is reasonable to consider the answer as filed by the father's attorney to be an amendment of the answer which the father first filed pro se. It is not apparent that the wife suffered any prejudice by the amended answer."”
    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.