Cooke v. Uransky’s Empirical Analysis

Citation profile

1 federal appellate ·

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

1. “Appellant, Cooke, filed a Voluntary Petition in Bankruptcy in the United States District Court for the Middle District of Florida. In his Petition, he claimed a residence he owned in Ft. Myers Beach, Florida, as homestead property exempted from the claims of creditors by Article X, Section 4, of the Florida Constitution. When Cooke filed the Petition, he was a foreign citizen lawfully in the United States as a tourist. Appellee, Uransky, as Trustee in bankruptcy, disallowed the exemption claimed by Cooke. The District Court upheld this disallowance on the ground that Florida law precluded Cooke from invoking the homestead exemption. The court ruled that the Florida Constitution requires that a claimant possess the intention of residing in a Florida residence in order for the residence to fall within the homestead exemption provisions. The court concluded that a claimant’s status as a tourist in this country precludes the legal ability under Florida law to form the requisite intent to reside permanently in a Florida residence. After hearing argument, we determine that the issue of Florida law raised by Cooke was appropriate for certification to the highest court of Florida. We therefore certify the following question: Does Florida allow foreigners visiting the United States as tourists to place a residence owned in the state beyond the reach of creditors under the Florida Homestead Exemption? The Supreme Court of Florida has now answered that question in the negative. Cooke v.”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Gilman