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← 713 A.2d 674 - Caplan v. Caplan

Caplan v. Caplan’s Empirical Analysis

1998

Citation profile

5
cited by 5 later decisions
1
states following
March 2012
most recently cited

5 state decisions

How this case has been cited

Cited by 5 later decisions — most recently March 2012

5 state decisions

20199820002010decided

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 Fried v. Fried · 453 Pa. Super. 576 - Leister v. Leister · 452 Pa. Super. 590 - Mormello v. Mormello · Erie Insurance Group v. Redevelopment Authority of Cambria County · 450 Pa. Super. 405 - Hrinkevich v. Hrinkevich

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. “The above ... statutory language would suggest that an order in a proceeding brought under that section is a final one and therefore appealable. [The appellant] attempts to bolster this contention by noting that under the Uniform Declaratory Judgment Act, 42 Pa. C.S. § 7531 et seq., it is provided that a declaration ‘shall have the force and effect of a final judgment or decree.’ 42 Pa.C.S.A. § 7532. While we agree that a declaration as to the validity of a marriage, pursuant to section 206 of the Code, would be final and thereby reviewable, this fact is of no comfort to the instant appellant. While the issue of the validity of the marriage could have been a subject for declaratory relief and thus reviewable, here it was merely one of the issues subsumed in the larger question before the trial court. The court’s determination as to the validity of the marriage was merely its decision as to a particular legal issue without being a ‘final’ resolution of the overlying claim or cause of action. [The plaintiff] sued for a divorce and other relief. A condition precedent to a grant of the divorce was the finding of a valid marriage. However, finding a valid marriage did not resolve the plaintiffs cause of action for a divorce, alimony and property distribution. The question of whether the declaration as to the validity of the marriage is a final order must thus be resolved in accordance with the standards and policies addressing interlocutory appeals. Viewing the issue in these term”
    1 later decision quote this exact passage · from the majority
  2. “[c]ourts of record, within their respective jurisdictions, shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect, and such declarations shall have the force and effect of a final judgment or decree.”
    1 later decision quote this exact passage · from the majority

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.