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← 772 SW2D 249 - Lathem v. Richey

Lathem v. Richey’s Empirical Analysis

1989

Citation profile

15
cited by 15 later decisions
1
states following
March 2014
most recently cited

14 state decisions

How this case has been cited

Cited by 15 later decisions — most recently March 2014

14 state decisions

1001989199020002010decided

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.

Appellate journey

reviewedthe decision below (from Texas 294th Judicial District Court)

Relationships

Relies on Miles v. Martin · Sullivan v. Barnett · Leonard v. Texaco, Inc. · Ex Parte Towles · Davis v. Andrews

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

  1. “The test, under both article 5539b and section 16.068, to determine whether an amended pleading relates back to the original pleading for the purpose of tolling the statute of limitations, is two-pronged. First, the cause of action asserted in the original pleading must not have been barred by limitations when the original pleading was filed, and second, the amended pleading which changes the facts or grounds of liability or defense must not be wholly based on a new, distinct or different transaction or occurrence. Leonard v. Texaco, Inc., 422 S.W.2d 160, 163 (Tex.1967); Stone v. Brown, 621 S.W.2d 182, 184 (Tex.Civ.App.—Texarkana 1981, writ ref’d n.r.e.); Hastings v. Houston Shell and Concrete, 596 S.W.2d 142, 144 (Tex.Civ.App.—Houston [1st Dist.] 1979, writ ref'd n.r.e.).”
    1 later decision quote this exact passage

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.