774 So. 2d 68 - King v. MacAleer’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This, however, is only one of the factors that the supreme court advised trial courts to consider when ruling on a motion to dismiss as a sanction. The factors to be considered were adopted in large part from Judge Altenbernd’s dissent in Kozel v. Ostendorf, 603 So.2d 602, 605 (Fla. 2d DCA 1992). The factors are: 1) whether the attorney’s disobedience was willful, deliberate, or contumacious, rather than an act of neglect or inexperience; 2) whether the attorney has been previously sanctioned; 3) whether the client was personally involved in the act of disobedience; 4) whether the delay prejudiced the opposing party through undue expense, loss of evidence, or in some other fashion; 5) whether the attorney offered reasonable justification for noncompliance; and 6) whether the delay created significant problems of judicial administration.”

   2 later decisions quote this exact passage
   e.g. Woodall v. Hillsborough County Hospital Authority · 944 So. 2d 1161 - Cruz v. Caribbean Spring Village

2. “principle that `[a party] should not be made to suffer the loss of viable claims due to [its] attorney's malfeasance where there is no evidence in the record to indicate that [the party] personally engaged in misconduct'”

   2 later decisions quote this exact passage
   e.g. 879 So. 2d 13 - Jimenez v. Simon · 944 So. 2d 1161 - Cruz v. Caribbean Spring Village

3. “Of particular importance to our decision [to reverse an order of dismissal as too harsh a sanction] is the lack of any record indication that Ms. King, the client, was personally involved in the act of disobedience or was even aware that her lawsuit was in danger of being dismissed.”

   1 later decision quote this exact passage
   e.g. 944 So. 2d 1161 - Cruz v. Caribbean Spring Village