Haynes v. Williams’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. ““ ‘Rule 60(b) ... cannot serve as a basis for a motion that, in effect, seeks a reconsideration of matters already considered by the trial court in a previous postjudgment motion when the facts alleged in the Rule 60(b) motion “were knoum by the moving party at the time of his original [postjudgment] motion.” ’ ””

   2 later decisions quote this exact passage
   e.g. Progressive Insurance Co. v. Brown · 86 So. 3d 348 - Ex Parte Limerick, 1101201 (Ala. 12-9-2011)

2. ““ ‘The Alabama Rules of Civil Procedure do not contemplate the filing of a Rule 60(b) motion during the pen-dency of a Rule 55(c) motion. But while the Rules do not contemplate it, they do not preclude it, either. Under Rule 59.1, the Rule 55(c) motion was denied as a matter of law on November 26, 1985 (90 days after August 28, 1985); upon that denial, the default judgment of August 12 became “final” within the contemplation of Rule 60(b) — “[o]n motion ... the court may relieve a party ... from a final judgment” — and the court was free to consider the Rule 60(b) motion, which had been theretofore premature. We consider that the Rule 60(b) motion was quickened and became a pending motion as of November 27, 1985, without the necessity of a refiling. Thus, the court had jurisdiction of that motion at the time of its order granting the motion on December 3,1985.’ “[Ex parte Lang, 500 So.2d 3, 4-5 (Ala.1986).] “Lang involved successive Rule 55(c) and Rule 60(b) motions, but as the defendants observe, this Court subsequently allowed an alternative Rule 55(c) and Rule 60(b) motion in Ex parte Vaughan, 539 So.2d 1060, 1061 (Ala.1989). As the Court of Civil Appeals has succinctly explained: “ ‘[Wjhile it frowns upon the practice, Alabama law allows a party to join a request for relief from judgment under Rule 60(b) with a request for a post-judgment remedy affected by Rule 59.1’s 90-day “automatic denial.” See Ex parte Vaughan, 539 So.2d 1060 (Ala.1989). In Vaughan , our Supreme Cou”

   1 later decision quote this exact passage
   e.g. 68 So. 3d 802 - Smith v. Cowart