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← 67 SO3D 923 - Faellaci v. Faellaci

Faellaci v. Faellaci’s Empirical Analysis

2011

Citation profile

9
cited by 9 later decisions
1
states following
March 2018
most recently cited

9 state decisions

Relationships

Relies on Nunn v. Baker · 496 So. 2d 91 - Tidwell v. Tidwell · 563 So. 2d 1059 - Dees v. State · Heaston v. Nabors · 578 So. 2d 1346 - Frasemer v. Frasemer

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

  1. ““Julia W. Faellaci (‘the wife’) and Jared S. Faellaci (‘the husband’) were married on July 22, 1995, and three children were born during the parties marriage: a boy, born in May 2000; and two girls, one born in September 2002 and the second born in April 2004 (collectively referred to hereinafter as ‘the children’). On May 8, 2006, the Houston Circuit Court (‘the trial court’) entered a judgment of legal separation that incorporated a separation agreement that had been signed by the parties on or about April 10, 2006 (‘the separation agreement’). Pursuant to the separation agreement, the wife exercised sole custody of the children, subject to the husband’s visitation rights that were set forth in the separation agreement. The separation agreement also contained the following provision regarding the husband’s child-support obligation: “‘The parties agree that the [h]us-band’s income exceeds the Alabama Child Support Guidelines, and the [hjusband agrees to promptly pay child support for the minor children of the parties in the sum of $5,000.00 monthly. [The hjusband further agrees as additional child support, to pay 50% of the net after tax income of any commission or bonus in excess of his base salary and will supply the necessary W-2’s or 1099’s at the end of each year as proof of compliance with this provision.’ “On February 28, 2008, the husband filed a petition to set aside the separation agreement and a complaint for a divorce. The wife filed a motion to dismiss the husba”
    1 later decision quote this exact passage
  2. ““before making a determination regarding the finality of a judgment that does not explicitly address a pending contempt petition, this court will consider whether any part of the trial court’s judgment implicitly rules on the pending contempt petition that was not explicitly ruled on in the judgment. [Brunson v. Brunson, 991 So.2d 723, 724-725 (Ala.Civ.App.2007) ] (quoting Heaston v. Nabors, 889 So.2d 588, 590 (Ala.Civ.App.2004)); see also A.C. v. C.C., 34 So.3d 1281, 1287 (Ala.Civ.App.2009) (dismissing an appeal as being from a nonfinal judgment when several pending contempt motions were left unadjudicated and there was nothing in the trial court’s purported final judgment that ‘constitute[d] an implicit ruling on any of the contempt motions’).””
    1 later decision quote this exact passage
  3. “"We conclude that such an expression, followed by an order that did not specifically hold the husband in contempt, satisfies this court, in these particular circumstances, that the trial court implicitly concluded that the husband's behavior did not rise to the level of contempt in this case. Although an explicit ruling on pending contempt petitions is always more desirable, we find that the trial court's judgment sufficiently indicates an intention to conclusively rule on the wife's pending petition for a rule nisi."”
    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.