Burke v. Napieracz’s Empirical Analysis
1996
Citation profile
14 state decisions
How this case has been cited
Cited by 17 later decisions — most recently May 2019
14 state decisions
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 Yates v. Ball · 515 So. 2d 180 - AFM Corp. v. Southern Bell Tel. & Tel. · 511 So. 2d 314 - Futch v. Head · 382 So. 2d 1323 - WBD, INC. v. Howard Johnson Co. · 505 So. 2d 555 - Masvidal v. Ochoa
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where, as here, it was not merely a failure to perform, but an affirmative and intentional act of converting the funds to his own use by allegedly stealing the monies to which he was entrusted, there is not merely a breach of contract but a separate and independent tort.”
7 later decisions quote this exact passage“cannot abrogate a legislatively created scheme designed to extend a civil remedy to those harmed by alleged criminal activity.”
2 later decisions quote this exact passage“[The defendant] was to receive specifically identifiable social security funds, deposit those funds in an identifiable bank account, and forward the funds to [the plaintiff]. He was not authorized to withdraw monies from the account except as specifically authorized by [the plaintiff]. Breach of the agreement herein would have consisted of his failure to either deposit the social seeu-rity checks and/or to provide the funds to [the plaintiff] as requested. In either case, damages for the breach of contract would be based upon the failure to perform either of these obligations. Herein, however, [the defendant] not only failed to forward money from [the plaintiff's] social security checks, but he allegedly took such funds for his own personal use.”
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.