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← 729 SO2D 1002 - Gladstone v. Smith

Gladstone v. Smith’s Empirical Analysis

1999

Citation profile

31
cited by 31 later decisions
1
states following
July 2015
most recently cited

31 state decisions

How this case has been cited

Cited by 31 later decisions — most recently July 2015 · most notably Samuels v. King Motor Co. of Fort Lauderdale (2001), 767 So. 2d 1179 - Hearndon v. Graham (2000)

31 state decisions

240199920002010decided

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 Sarkis v. Pafford Oil Co., Inc. · Miami Beach Community Church, Inc. v. Stanton · 436 So. 2d 303 - Platel v. MAGUIRE, VOORHIS & WELLS, PA · Shotkin v. Cohen · 519 So. 2d 666 - Kreager v. Glickman

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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “gaze is limited to the four corners of the complaint.”
    6 later decisions quote this exact passage · from the majority
  2. “A claim should not be dismissed with prejudice `without giving the plaintiff an opportunity to amend the defective pleading, unless it is apparent that the pleading cannot be amended to state a cause of action.'”
    4 later decisions quote this exact passage · from the majority
  3. “A claim should not be dismissed with prejudice "without giving the plaintiff an opportunity to amend the defective pleading, unless it is apparent that the pleading cannot be amended to state a cause of action." Kairalla v. John D. and Catherine T. MacArthur Found., 534 So.2d 774, 775 (Fla. 4th DCA 1988). The opportunity to amend a complaint should be liberally given. See Gamma Dev. Corp. v. Steinberg, 621 So.2d 718 (Fla. 4th DCA 1993); Dryden Waterproofing, Inc. v. Bogard, 488 So.2d 672, 673 (Fla. 4th DCA 1986)("[L]eave to amend a complaint should be freely granted when justice so requires and it should not be denied unless the privilege has been abused."). However, "as an action progresses, the privilege of amendment progressively decreases to the point that the trial judge does not abuse his discretion in dismissing with prejudice." Kohn v. City of Miami Beach, 611 So.2d 538, 539 (Fla. 3d DCA 1992) (citation omitted).”
    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.