Halpert v. Oleksy’s Empirical Analysis

Citation profile

28 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There was no question raised of the lessees’ right to a return of the deposit put up by them under the terms of the lease, except and because of damages claimed by each of the parties because of alleged breaches of various terms of the lease. The cancellation of the lease was admitted by both parties. The motion to transfer the cause to-the law side of the Court contained the following: “ T. That it appears from the complaint of the Plaintiffs herein and the Answer of the Defendants herein that the possession of the premises involved in this litigation is in the Defendants herein as an accomplished fact and that the lease between the parties has been cancelled between them by stipulation and agreement, and that the only issues involved between the parties are issues of fact involving the respective damages suffered by the parties, which facts should be tried by a jury; “ ‘2. That it appears from the Bill of Complaint filed in this cause that the only relief sought by the Plaintiffs is a money judgment against the Defendants and that the relief sought by the Defendants is for a money judgment for damages against the Plaintiffs;’ “Whether or not there was any ‘doubt as to [their] rights under the lease’ is to be determined from the pleadings and the written lease. In the answer to the counterclaim the respondents ‘admit that all provisions of the lease are well defined.’ “From our examination of the pleadings and the lease we fail to find any doubt asserted by either party as ”

   1 later decision quote this exact passage
   e.g. Olin's, Inc. v. Avis Rental Car System of Florida, Inc.

2. “"I cannot agree that Chapter 87, F.S.A., is as limited in its scope as the main opinion seems to indicate. Section 87.05, F.S.A., especially provides that the enumeration of certain specific things in Sections 87.02, 87.03 and 87.04 does not restrict the exercise of the general powers conferred in 87.01 in any proceedings where declaratory relief is sought. Our statute is broad and flexible and is designed to serve — and does serve — a highly useful purpose. "Section 87.11 of the Act negatives such a narrow construction as is apparently placed on it by the main opinion. It provides that `its purpose is to settle and to afford relief from insecurity and uncertainty with respect to rights, status and other equitable or legal relations; and is to be liberally administered and construed.' (Emphasis added.) Section 87.12 provides that the existence of `another adequate remedy' shall not preclude the exercise of jurisdiction. "It is my view that to place such a narrow and strained construction on this Act is not only inconsistent with many of our decisions construing it, but does violence to the legislative intent. In the practical application of the Act to given facts or circumstances, there is no substitute for the proper exercise of sound judicial discretion by the court."”

   1 later decision quote this exact passage
   e.g. 82 So. 2d 364 - Bloomfield v. City of St. Petersburg Beach

3. “"If a genuine bona fide doubt exists, then F.S. Chapter 87, F.S.A. is activated and then — and only then — may the other sections, including F.S. § 87.11, F.S.A. apply."”

   1 later decision quote this exact passage
   e.g. Duplig v. City of South Daytona