760 So. 2d 641 - Benware v. Means’s Empirical Analysis
2000
Citation profile
10 state decisions
Relationships
Relies on 708 So. 2d 731 - Evans v. Lungrin · 650 So. 2d 742 - Ferrell v. Fireman's Fund Ins. Co. · 422 So. 2d 1109 - Jenkins v. St. Paul Fire & Marine Ins. Co. · 664 So. 2d 1207 - Stevens v. Winn-Dixie of Louisiana · 700 So. 2d 533 - Havener v. Havener
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where one or more trial court legal errors interdict the fact-finding process, the manifest error standard is no longer applicable, and, if the record is otherwise complete, the appellate court should make its own independent de novo review of the record and determine a preponderance of the evidence.”
2 later decisions quote this exact passage“When a party dies during the pendency of an action which is not extinguished by his death, his legal successor may have himself substituted for the deceased party, on ex parte written motion supported by proof of his quality. As used in Articles 801 through 804, "legal successor" means: (1) The survivors designated in Article 2315.1 of the Civil Code, if the action survives in their favor; and (2) Otherwise, it means the succession representative of the deceased appointed by a court of this state, if the succession is under administration therein; or the heirs and legatees of the deceased, if the deceased's succession is not under administration therein.”
1 later decision quote this exact passage“[O]nce the client has proved that his former attorney accepted employment and failed to assert the claim timely, then the client has established a prima facie case that the attorney's negligence caused him some loss, since it is unlikely the attorney would have agreed to handle a claim completely devoid of merit.”
1 later decision quote this exact passagee.g. Bauer v. Dyer
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.