Public-domain · open source
OpenJurist
← 76 SO3D 967 - Berrios v. Spine

Berrios v. Spine’s Empirical Analysis

2011

Citation profile

3
cited by 3 later decisions
1
states following
May 2017
most recently cited

3 state decisions

Relationships

Relies on Stuart v. Hertz Corp. · 60 So. 2d 534 - Taylor v. Cooper · Kies v. FLA. INS. GUAR. ASS'N, INC. · Orange County v. Expedia, Inc.

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

  1. “[W]hile the existence of another available remedy does not preclude a judgment for declaratory relief, a viable declaratory claim must be asserted and exceptional circumstances must be shown for the prosecution of such a claim where there is a raised in the action can be resolved in the pending suit.... [Courts should follow] the almost universal rule ... that if at the time the proceeding for a declaratory decree is initiated a suit is already pending which involves the same issues and in- which litigation the plaintiff in the declaratory decree action may secure full, adequate and complete relief, such -bill for declaratory decree will not be permitted to stand.”
    1 later decision quote this exact passage · from the majority
  2. “While the existence of another available remedy does not preclude a judgment for declaratory relief, a viable declaratory claim must be asserted and exceptional circumstances must be shown for the prosecution of such a claim where there is a pending suit at the time the action is initiated, and the issues raised in the action can be resolved in the pending suit.”
    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.