727 So. 2d 113 - Smith v. Smith’s Empirical Analysis
1998
Citation profile
26 state decisions
How this case has been cited
Cited by 26 later decisions — most recently May 2018 · most notably 802 So. 2d 230 - Roberts v. Roberts (2001), 869 So. 2d 486 - Fell v. Fell (2003)
26 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 Phillips v. Phillips · 640 So. 2d 963 - Graham v. Graham · Prestwood v. Prestwood · Covington v. Covington · 444 So. 2d 866 - Brand v. Brand
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘In an action between parents seeking an initial award of custody, the parties stand on equal footing and no presumption enures to either parent. The trial court’s overriding consideration is the children’s best interests and welfare. The factors that enter into the court’s custody determination include the child’s age and sex and each parent’s ability to provide for the child’s educational, material, moral, and social needs. Likewise, it is proper for the court to consider the “characteristics of those seeking custody, including age, character, stability, mental and physical health ... [and] the interpersonal relationship between each child and each parent.” ’ ””
9 later decisions quote this exact passage“When a trial court receives ore tenus evidence, the resulting judgment is presumed correct on appeal and will not be disturbed unless it is unsupported by the evidence and is, therefore, plainly and palpably wrong, or unless an abuse of the trial court's discretion is shown.”
1 later decision quote this exact passage“the conduct of the parties and fault with regard to the breakdown of the marriage are . . . factors for the trial court to consider, even where the parties are divorced on the grounds of incompatibility.”
1 later decision quote this exact passagee.g. Ex Parte Yost
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.