Ex Parte James’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]hen the trial court has made no written findings of fact in a nonjury trial, a party must move for a new trial in order to preserve for review a question relating to the sufficiency or weight of the evidence.”

   6 later decisions quote this exact passage
   e.g. New Properties, L.L.C. v. Stewart · 853 So. 2d 241 - Cross v. Cross

2. “"`Rule 52(b) provides an exemption from the requirement of invoking a ruling by the trial court on the issue of evidentiary insufficiency when written findings of fact are made. The trial court's ruling on the sufficiency of the evidence is implicit in a [judgment] in *Page 1066 which the trial judge is the trier of the facts. Moreover, by making written findings of fact, the trial judge has had the additional opportunity to reconsider the evidence and discover and correct any error in judgment which he or she may have made upon initial review. Thus, when written findings of fact are made, they serve the same useful purpose as does an objection to the trial court's findings, a motion to amend them, a motion for a new trial, and a motion to dismiss under Rule 41(b), . . . — to permit the trial judge an opportunity to carefully review the evidence and to perfect the issues for review on appeal.'"”

   5 later decisions quote this exact passage
   e.g. Reeves v. Fancher · New Properties, L.L.C. v. Stewart

3. “[t]he determination of whether an attorney fee is reasonable is within the sound discretion of the trial court and will not be disturbed on appeal absent an abuse of that discretion.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Korn v. Korn · 934 So. 2d 1062 - Benton v. King