Halley v. Guerriero’s Empirical Analysis
1991
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently March 2019
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 Allen v. Smith · Fulgham v. an Unknown Police Officer · Schnatz v. Schnatz · Knowles v. Tyler · 451 So. 2d 41 - Henson v. Copeland
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.
“We find a jurisdictional defect which mandates setting aside the judgment of dismissal [by the trial court]. When a trial court grants an order of devolutive appeal, jurisdiction is divested from the trial court and attaches in the appellate court. La.C.C.P. art.2088. The trial court retains authority over certain matters unaffected by the appeal, enumerated in art.2088, but dismissing the case is not one of these. The trial court was without jurisdiction to dismiss Ms. Halley's suit even though her first appeal was later dismissed as interlocutory. Schnatz v. Schnatz, 501 So.2d 318 (La. App. 5th Cir.), writ denied 504 So.2d 877 (1987), and citations therein. The instant judgment of dismissal is null for lack of jurisdiction and will be set aside.”
3 later decisions quote this exact passage · from the majority“When an order applied for by written motion is one to which the mover is not clearly entitled, it must be served on and tried contradictorily with the adverse party. La. C.C.P. art. 963. The instant motion to dismiss for noncomplianee required supporting proof and should not have been handled ex parte. Succession of Miller, 432 So.2d 1043 (La.App. 1st Cir.1983). Specifically, a proceeding to impose sanctions for failure to comply with a discovery order must be by written contradictory motion. Henson v. Copeland, 451 So.2d 41 (La.App. 2d 1984). For this reason the practice of incorporating a sanction in a discovery order and then imposing the sanction ex parte is disapproved. Henson v. Copeland, supra; Viator v. Sonnier, 355 So.2d 1091 (La.App. 3d Cir.1978); Crowell v. St. Paul Fire & Marine Ins. Co., 490 So.2d 288 (La.App. 3d Cir.1986).”
1 later decision quote this exact passage · from the majority
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.