698 So. 2d 1096 - DeQuesada v. DeQuesada’s Empirical Analysis
1996
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently October 2018
12 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 Kirtland v. Fort Morgan Auth. Sewer Serv., Inc. · 441 So. 2d 948 - Evans v. Evans · 559 So. 2d 557 - Fries Correctional Equip., Inc. v. Con-Tech, Inc. · 456 So. 2d 1099 - D. & J. MINERAL & MIN., INC. v. Wilson · 544 So. 2d 893 - APPALACHIAN STOVE AND FABRICATORS, INC. v. Roberts
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Although the showing of a meritorious defense is a necessary and practical requirement, the quantum of evidence needed to show a meritorious defense has caused some controversy. For this reason, we now establish a standard that will be both workable and consistent with our policy objectives. The defense proffered by the defaulting party must be of such merit as to induce the trial court reasonably to infer that allowing the defense to be litigated could foreseeably alter the outcome of the case. To be more precise, a defaulting party has satisfactorily made a showing of a meritorious defense when allegations in an answer or in a motion to set aside the default judgment and its supporting affidavits, if proven at trial, would constitute a complete defense to the action, or when sufficient evidence has been adduced either by way of affidavit or by some other means to warrant submission of the case to the jury."”
1 later decision quote this exact passage“[T]his court and the Supreme Court have reiterated that the trial court `should exercise its broad discretionary powers with liberality and should balance the equities of the case with a strong bias toward allowing the defendant to have his day in court.' Hutchinson v. Hutchinson, 647 So.2d 786, 788 (Ala.Civ.App.1994).”
1 later decision quote this exact passage“"`We think that especially in the divorce context, a court should be particularly reluctant to uphold a default judgment (and thereby deprive a litigant of his day in court) because it means that such important issues as child custody, alimony, and division of property will be summarily resolved.'"”
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.