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← 556 SO2D 786 - Smith v. DeLoach

Smith v. DeLoach’s Empirical Analysis

1990

Citation profile

10
cited by 10 later decisions
1
states following
October 2005
most recently cited

10 state decisions

Relationships

Relies on 520 So. 2d 582 - King v. State · Pacheco v. Ramos · 382 So. 2d 863 - AM. EASTERN CORP. v. Henry Blanton, Inc. · 512 So. 2d 266 - Norflor Const. Corp. v. City of Gainesville · 466 So. 2d 1065 - Govayra v. Straubel

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

  1. “Rule 1.420(e) plainly states that actions `shall' be dismissed if it appears on the face of the record that there was no activity within the past year. This requires only a review of the record. There is either activity on the face of the record or there is not. If a party shows that there is no activity on the face of the record, then the burden moves to the non-moving party to demonstrate within the five-day time requirement that one of the three bases that would preclude dismissal exists. The factors from Del Duca , whether any activity was done in good faith and whether the activity was with any design to move the case forward, are components in evaluating whether good cause exists. We also note that when there is record activity occurring during the preceding year, such as a notice for trial which has not been acted on by the trial court, good cause always exists.”
    1 later decision quote this exact passage
  2. “[A] deposition may be filed ... when the contents ... must be considered by the court on any matter pending before the court.”
    1 later decision quote this exact passage
  3. “a party must show that he is justifiably prevented from proceeding with the lawsuit because of another pending action... .”
    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.