Ray v. Thomson-Kernaghan & Co.’s Empirical Analysis

Citation profile

2 state decisions

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

1. “"the case law ... appears to be in a state of hopeless confusion. In the first instance trial courts are advised that they should follow a policy of liberality in exercising their discretion to vacate default judgments. On the other hand, appellate courts are advised that they must find a gross abuse of discretion by the trial court before disturbing its ruling on a motion to vacate.... Hence, there is a great deal of straining apparent in appellate opinions holding that the trial court erred in refusing to set aside a default."”

   1 later decision quote this exact passage · from the concurrence
   e.g. 801 So. 2d 138 - Lloyd's Underwriter's at London v. Ruby, Inc.

2. “[w]here inaction results from clerical or secretarial error, reasonable misunderstanding, a system gone awry or any other of the foibles to which human nature is heir, then upon timely application accompanied by a reasonable and credible explanation should be permitted to be heard on the merits.”

   1 later decision quote this exact passage · from the dissent
   e.g. 801 So. 2d 138 - Lloyd's Underwriter's at London v. Ruby, Inc.