Luffey v. Luffey’s Empirical Analysis

Citation profile

7 state decisions

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

1. “The separate property of a spouse is his exclusively. It comprises: property acquired by a spouse prior to the establishment of a community property regime; property acquired by a spouse with separate things or with separate and community things when the value of the community things is inconsequential in comparison with the value of the separate things used; property acquired by a spouse by inheritance or donation to him individually; damages awarded to a spouse in an action for breach of contract against the other spouse or for the loss sustained as a result of fraud or bad faith in the management of community property by the other spouse; damages or other indemnity awarded to a spouse in connection with the management of his separate property; and things acquired by a spouse as a result of a voluntary partition of the community during the existence of a community property regime.”

   1 later decision quote this exact passage
   e.g. 741 So. 2d 149 - Gay v. Gay

2. ““[A]t the time Article 3612 was enacted, a bond for a devolutive appeal was required [by Article 2124], It is for this reason that Article 3612 required a bond to be filed. At that time, in order to perfect a devolu-tive, as well as a suspensive appeal, it was necessary that a bond be furnished. Despite the language of the (sic) Article 3612, the jurisprudence interpreting this article indicates that the intention of the legislature in drafting this provision was not to require a bond to be furnished in appeals of this type, but rather to ensure that an appeal brought under Article 3612 was perfected within the 15 day time limitation. if* % >}: Now, under Article 2124 as amended, a devolutive appeal is effective without the necessity of filing a bond. ... The bond is no longer required for a devolutive appeal from an order or judgment relating to a preliminary injunction.”

   1 later decision quote this exact passage · from the majority
   e.g. 725 So. 2d 494 - Killeen v. Jenkins

3. “Things in the possession of a spouse during the existence of a regime of community of acquets and gains are presumed to be community, but either spouse may prove that they are separate property.”

   1 later decision quote this exact passage
   e.g. 607 So. 2d 626 - Reeves v. Reeves