Shell v. Shell’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Whether a judgment is final and appeal-able is not determined by the name applied, but by what is actually done according to the content, substance and effect of the order entered. Starnes v. Aetna Casualty and Surety Co., 503 S.W.2d 129 (Mo.App.1973). It is the duty of an appellate court, sua sponte if necessary, to determine if a final appealable judgment has been rendered before consideration be given to the merits of the case. [[Image here]] Rule 81.06 contemplates by its language that it will apply where separate trial of a claim has been ordered.””

   1 later decision quote this exact passage
   e.g. Fombelle v. Poteete

2. ““The circumstances of each case control, but the general tenor of the authorities is consistent. While the trial court may render a partial disposition a final judgment for appeal by designating it such, the claims and parties separated and the result adjudged must constitute an independent unit which finally disposes of the claims and parties within the unit.” See also, Weir v. Brune, 364 Mo. 415 , 262 S.W.2d 597 (1953) [7, 8].”

   1 later decision quote this exact passage
   e.g. J. Lewin Bookbinding Co. v. Holliston Mills, Inc.