Hastings v. Demming’s Empirical Analysis
1996
Citation profile
15 state decisions
How this case has been cited
Cited by 15 later decisions — most recently March 2019
15 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 475 So. 2d 666 - Moore v. Morris · Gernat v. Gernat · 639 So. 2d 972 - Advisory Opinion to the Attorney General re Funding for Criminal Justice · 456 So. 2d 1175 - Oppenheimer & Co., Inc. v. Young · 605 So. 2d 850 - Mandico v. Taos Const., Inc.
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Thus, by its use of the word `evident' in Mandico and Ramos [v. Univision Holdings Inc., 655 So.2d 89 (Fla.1995),] and its previous definition of that word in Russell [v. State, 71 Fla. 236 , 71 So. 27 (1916)], we perceive that the supreme court intended rule 9.130(a)(3)(C)(vi) to apply only when an appellate court is presented with a record with facts so manifest it can readily conclude that a plaintiff's exclusive remedy is in fact workers' compensation, thereby promoting an early resolution of the case at the appellate level. We conclude, therefore, that in amending the rule the supreme court's clear intent was to confer jurisdiction to review only that type of nonfinal order in which a lower tribunal, based on undisputed material facts, has determined clearly and conclusively, beyond doubt, that a party is not entitled to workers' compensation immunity as a matter of law. Accordingly, to be appealable under rule 9.130(a)(3)(C)(vi), an order denying a motion for summary judgment asserting workers' compensation immunity must essentially determine the nonexistence of that defense such that it effectively precludes a party from having a jury decide whether a plaintiff's exclusive remedy is workers' compensation benefits."”
5 later decisions quote this exact passage“[ Hastings ] ... clearly provides that "[n]onfinal orders denying summary judgment on a claim of workers' compensation immunity are not appealable unless the trial court order specifically states that, as a matter of law, such a defense is not available to a party." Because the order in the instant case does not specifically state that workers' compensation immunity is unavailable as a defense, consistent with our decision in Hastings, the district court does not have jurisdiction under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(vi) to review the order.”
3 later decisions quote this exact passage · from the dissent“If the words `as a matter of law' had been placed at the beginning of the amendment, rather than at the end, appellees' argument would be persuasive. Under that scenario the rule would permit review of non-final orders which determine `as a matter of law that a party is not entitled to workers' compensation immunity'. The key words, when placed at the beginning, modify `determine'.”
2 later decisions 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.