549 So. 2d 955 - Cunningham v. Mitchell’s Empirical Analysis
1989
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently August 2014
12 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 461 So. 2d 765 - Kilpatrick v. Mississippi Baptist Medical · 509 So. 2d 205 - White v. White · 530 So. 2d 179 - Telford v. Aloway · Cunningham v. Mitchell
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) Initially failed to answer the interrogatories even after opposing counsel had granted her more time due to the hurricane. (2) Did not notify the court that she would not be present at the motion to compel. (3) Still did not answer the interrogatories after being granted an additional twenty days by the trial court, even if the hearing was void. (4) Replied falsely to the trial court when she stated that she did not know that discovery had not been complied with when she admitted receiving a notice from the trial court stating that discovery was incomplete. (5) Told a falsehood to the trial court during the November 6, 1985 hearing; stating that there was a signed under oath copy of the answers to the interrogatories that were mailed back in September but what she later filed with the court was poorly answered interrogatories that were not signed under oath and were dated November 7, 1985. (6) The poorly filed interrogatories did not establish possible negligence on Mitchell's part with expert testimony. These facts would tend to support dismissal with prejudice.”
1 later decision quote this exact passage“While it is unfair to deny Tiffany Cunningham her day in court because of the actions of her attorney, we must also consider the question in fairness to the defendant by making him continue to pay for plaintiff's counsel's mistakes through his own attorney's fees and his anxiety.”
1 later decision quote this exact passage“The crucial question before this Court on this appeal is whether or not the circuit judge abused his discretion in dismissing [the Vinsons'] case with prejudice.”
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.