Mathews v. Dillard’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"It is the law in this state that a property settlement agreement that is incorporated into a judgment of divorce is final and is not modifiable. Davis v. Cole , 399 So.2d 309 (Ala.Civ.App. 1981). In the present case, however, the agreement of the parties that was incorporated into the January 1990 divorce judgment stated that the Alcott Road house was to be sold; the wife presented evidence at the March 1993 hearing that the husband had not used reasonable diligence in selling the property. The house was not listed with a realtor until the wife's petition was filed in June 1992; the house was sold shortly thereafter — some three and one-half years after the final judgment. The husband failed to show that he had made even minimal efforts to sell the house. "Based on the above facts, we conclude that the trial court, rather than modifying the property award, was effectuating the intent of the original judgment , even though doing so resulted in the husband's bearing a greater share of the costs because of his excessive delay in selling the house."”

   1 later decision quote this exact passage
   e.g. 989 So. 2d 1128 - Petrey v. Petrey