72 N.C. App. 409 - Weaver v. Weaver’s Empirical Analysis
1985
Citation profile
69 state decisions
How this case has been cited
Cited by 69 later decisions — most recently August 2009 · most notably Armstrong v. Armstrong (1988), Wilson v. Wilson (1987)
69 state decisions — followed in 10 states
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 17 Cal. 3d 738 - In Re Marriage of Fonstein · Stern v. Stern · 91 Wash. 2d 324 - In Re the Marriage of Fleege · 68 N.C. App. 548 - Alexander v. Alexander · Johnson v. Johnson
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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“as requiring the court to consider tax consequences that will result from the distribution of property that the court actually orders.”
4 later decisions quote this exact passage“8. That in addition to the above items of marital property, the parties also owned other items of marital property which are subject to distribution, to wit: a United States Marine Corps pension, checking and savings accounts, and a silver collection. 9. That the parties were married while the defendant served in the United States Marine Corps such as to entitle the plaintiff to receive 43.5% of the defendant’s retirement pay, that is, $326.63 per month. Conclusions of Law 4. That after consideration of the evidence presented and the factors enumerated in North Carolina General Statute 50-20, the Court concludes that an equal division of marital property is equitable. Now, Therefore, it is Ordered, Adjudged and Decreed as follows: 6. That the defendant shall pay or cause to be paid to the plaintiff the sum of $326.63 per month as her distributive share of the United States Marine Corps pension ....”
1 later decision quote this exact passage“In Weaver, we stated that there is no single best approach to valuing an interest in a professional partnership, and that various appraisal methods can and have been used to value such interests. * * * # * * It is generally agreed that in valuing a professional practice, or an interest therein, for equitable distribution, it should not make any significant difference whether the practice is conducted as a corporation or professional association, a partnership, or a sole proprietorship. # * * * * # If the practice is conducted as a partnership, and the value of the practice or an interest therein is set in a partnership or redemption agreement, then the value set in the agreement should certainly be considered but should not be treated as conclusive, (Emphasis added.) (Citations omitted.)”
1 later decision quote this exact passagee.g. Porter v. Porter
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.