Miller v. Hernandez’s Empirical Analysis
1986
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently March 2005
18 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.
Appellate journey
reviewedthe decision below (from Texas 68th Judicial District Court)
Relationships
Relies on Anderson v. Casebolt · Dubert v. Adkins · Wilson v. Worley · FLESHER CONSTRUCTION COMPANY, INC. v. Hauerwas · Castello v. Castello
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Proceedings relating to an appeal need not be considered ineffective because of prematurity if a subsequent ap-pealable order has been signed to which the premature proceeding may properly be applied. ****** (c) In civil cases, if the trial court has signed an order modifying, correcting, or reforming the order appealed from, or has vacated that order and signed another, any proceedings relating to an appeal of the first order may be considered applicable to the second....”
2 later decisions quote this exact passage“We conclude, however, that the motion for new trial filed September 30 may be considered a premature motion within the provision of rules 306c and 377a 1 and, therefore, as effective to extend the time for filing the appeal bond until 90 days after the corrected judgment of November 8. We construe rule 377a as authorizing us to consider a motion for new trial relating to an earlier judgment as applicable to a corrected judgment when the substance of the motion is such as could properly be raised with respect to the corrected judgment.”
1 later decision quote this exact passage“If a judgment is ... corrected ... in any respect, the time for appeal shall run from the time the ... corrected ... judgment is signed, but if a correction is made pursuant to Rules 316 or 317 after expiration of the period of plenary power provided by this rule, no complaint shall be heard on appeal that could have been presented in an appeal from the original judgment.”
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.