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← 652 So. 2d 284 - Pierce v. Grant

652 So. 2d 284 - Pierce v. Grant’s Empirical Analysis

1994

Citation profile

3
cited by 3 later decisions
1
states following
April 2015
most recently cited

3 state decisions

Relationships

Relies on 365 So. 2d 981 - Carnes v. Carnes · Faddis v. Woodward Iron Company · 454 So. 2d 1035 - Michael v. Michael · 513 So. 2d 620 - Wilson v. Leck's 66 Service Station

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. ““The purpose of a Rule 60(a) motion or a motion to amend the judgment nunc pro tunc is to cause the judgment or record to state the truth. A motion filed pursuant to Rule 60(a) cannot be used to cause the record or judgment to state something other than that which was proclaimed in the original judgment. Further, a Rule 60(a) motion should never be used as a method to revise or extend a judgment so that the judgment would state something which the court did not pronounce, even though such amendment included matters that should have been pronounced. “Rule 60(a) is the rule which controls the correction of clerical mistakes in judgments, orders, or other parts of the record. The type of error contemplated by Rule 60(a) is an error which is related to inaccuracies in transcription, alterations, or the omission of papers or documents — a mistake which is mechanical in nature and does not involve a legal decision or judgment. If an error is more substantial in nature than a clerical mistake, then such an error should not be corrected pursuant to a Rule 60(a) motion, but by way of a Rule 59(e) motion or a Rule 60(b) motion.””
    2 later decisions quote this exact passage
  2. ““In any civil action, in which a waiver of the right of homestead or other exemption is sought to be enforced, the fact of waiver and its extent must he averred in the complaint or petition and by appropriate pleading may be controverted, If such averment is sustained, the fact of waiver and its extent must be declared in the judgment and endorsed on the execution or other process issued thereon. Such waiver shall extend to the costs of the action,””
    1 later decision quote this exact passage

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.