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← 663 SO2D 75 - Terro v. Chamblee

Terro v. Chamblee’s Empirical Analysis

1995

Citation profile

11
cited by 11 later decisions
1
states following
March 2018
most recently cited

1 federal appellate · 9 state decisions

How this case has been cited

Cited by 11 later decisions — most recently March 2018

1 federal appellate · 9 state decisions

50199520002010decided

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 Eusant v. Unity Industrial Life Ins., Etc., Ass'n · 307 So. 2d 287 - Robinson v. Goudchaux's · 313 So. 2d 812 - Johnson v. Pearce · W. B. Thompson & Co. v. Gosserand · Sandoz v. Veazie

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

  1. “(1) The commencement or continuance of an original criminal or civil judicial proceeding; (2) its legal causation by the present defendant against plaintiff who was defendant in the original proceeding; (3) its bona fide termination in favor of the present plaintiff; (4) the absence of probable cause for such proceeding; (5) the presence of malice therein; and (6) damage conforming to legal standards resulting to plaintiff.”
    3 later decisions quote this exact passage
  2. “[A] bona fide termination must reflect the merits of the underlying action. This would be true where, for example, a criminal proceeding is dismissed for lack of sufficient evidence of guilt following a preliminary examination. On the other hand, a merely procedural victory, such as a dismissal on an exception of prescription or for failure to allow discovery, as in the case sub judice, does not relate to the merits of the suit and thus is not a bona fide termination for purposes of a subsequent action for malicious prosecution.”
    1 later decision quote this exact passage
  3. “in order to sustain them, a clear case must be established, where the forms of justice have been perverted to the gratification of private malice and the willful oppression of the innocent.”
    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.