Wimberly v. Gatch’s Empirical Analysis
1994
Citation profile
2 federal appellate · 111 state decisions
How this case has been cited
Cited by 136 later decisions — most recently September 2020 · most notably Mark Anthony Harris Michael Hegmann Janet Boyd Rose James (1999), 714 So. 2d 1226 - LeBreton v. Rabito (1998)
2 federal appellate · 111 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 628 So. 2d 1116 - State v. Foret · 595 So. 2d 624 - Lima v. Schmidt · 375 So. 2d 1319 - Corsey v. State, Through Dept. of Corrections · 370 So. 2d 521 - Lott v. Haley · Plaquemines Par. Com'n Council v. Delta Dev. Co.
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 136 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“be suspended because the plaintiff was effectually prevented from enforcing his rights for reasons external to his own will.”
31 later decisions quote this exact passage · from the majority“... prescription does not accrue as it does not run against one who is ignorant of the facts upon which his cause of action is based, as long as such ignorance is not willful, negligent or unreasonable. The doctrine of contra non valentem distinguishes between personal disabilities of the plaintiff (which do not prevent prescription from running) and an inability to bring suit for some cause foreign to the person of the plaintiff (which suspends its running). The equitable doctrine is, in part, but an application of the long-established principle of law that one should not be able to take advantage of one's own wrongful act. Wimberly, 93-2361, 635 So.2d at 211-212 .”
4 later decisions quote this exact passage · from the majority“[Peremptive] statutes, like all prescription statutes, are strictly construed against prescription and in favor of maintaining the cause of action.”
3 later decisions 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.