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← 539 So. 2d 888 - Smith v. Moore

539 So. 2d 888 - Smith v. Moore’s Empirical Analysis

1989

Citation profile

5
cited by 5 later decisions
1
states following
October 2003
most recently cited

5 state decisions

How this case has been cited

Cited by 5 later decisions — most recently October 2003

5 state decisions

20198919902000decided

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 Canterberry v. Slade Brothers · 336 So. 2d 931 - League Central Credit Union v. Gagliano · 428 So. 2d 547 - Samrow v. Samrow · 464 So. 2d 899 - IBEROAMERICANO ADVERTISING & PUB. CO. v. Schweikert

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

  1. “Art. 1701 Judgment by default A.If a defendant in the principal or incidental demand fails to answer within the time prescribed by law, judgment by default may be entered against him ... Art. 1702 Confirmation of default judgment A. A judgment of default must be confirmed by proof of the demand sufficient to establish a prima facie case. If no answer is filed timely, this confirmation may be made after two days, exclusive of holidays, from the entry of the judgment of default. * * * * * * B. (3) When the sum due is on an open account or a promissory note or other negotiable instrument, an affidavit of the correctness thereof shall be pri-ma facie proof.... C. In those proceedings in which the sum due is on an open account ..., a hearing in open court shall not be required unless the judge, in his discretion, directs that such a hearing be held. The plaintiff shall submit to the court the proof required by law and the original and not less than two copies of the proposed final judgment ... Art. 1702.1 Confirmation of default judgment without a hearing in open court; required information; certification A. When the plaintiff seeks to confirm a default judgment as provided in Article 1702(E){1) and (C), along with any other proof required by law, he or his attorney shall include, in an itemized form with the motion and the judgment, a certification that the suit is on an op,en account, promissory note, or other negotiable instrument or on a conventional obligation and that the ne”
    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.