Hernandez v. Marsarm Corp.’s Empirical Analysis

Citation profile

2 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]e note the Florida Supreme Court's holding that "the [res judicata] doctrine will not be invoked where it will work an injustice ...." deCancino v. Eastern Airlines, Inc., 283 So.2d 97 (Fla.1973) (footnote omitted); see also Universal Construction Co. v. City of Fort Lauderdale, 68 So.2d 366, 369 (Fla.1953) ("Indeed, this very Court, among others, has announced the salutary principle that the doctrine of res judicata should not be so rigidly applied as to defeat the ends of justice."); Wallace v. Luxmoore, 156 Fla. 725 , 24 So.2d 302, 304 (1946) ("Stare decisis and res judicata are perfectly sound doctrines, approved by this court, but they are governed by well-settled principles and when factual situations arise that to apply them would defeat justice we will apply a different rule."); Flesche v. Interstate Warehouse, 411 So.2d 919, 924 (Fla. 1st DCA 1982). While we are exceedingly aware of the need for finality and repose in litigation, we are confronted here with a rare and compelling situation. It is the recognized public policy of this state that children be provided support.... ... The effect of affirming the judgment will be to deprive a child of needed support for the remainder of his minority, while bestowing a gift on [defendants]. Assuming those to be the facts, we think the case falls within the manifest injustice exception set forth above.”

   1 later decision quote this exact passage · from the majority
   e.g. 685 So. 2d 1000 - State on Behalf of DJN v. Redding