Trout v. Apicella’s Empirical Analysis
2012
Citation profile
6 state decisions
Relationships
Relies on 469 So. 2d 1384 - Robbie v. City of Miami · Williams v. Ingram · 783 So. 2d 1115 - Cheverie v. Geisser · 834 So. 2d 217 - Nichols v. Hartford Ins. Co. of the Midwest · 532 So. 2d 1109 - Carroll v. Carroll
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Performance was an essential requirement for the acceptance of Trout’s offer. Instead of performing, however, Geico proffered a release that did not just fail to meet the terms of Trout’s offer, it blatantly failed.... Geico’s offer to consider any release amendment and explanation Trout might suggest was inadequate and the disclaimer of “new terms” ineffective.... Geico’s offer (probably) to change the release was, at best, a promise to perform, which is not sufficient here to create a binding contract-The language of the offer communicates how it is to be accepted.”
1 later decision quote this exact passagee.g. Villareal v. Eres“We consider the enclosed proposed release a ministerial document which memorializes our settlement of this case.... We do not consider the release a document which creates any new terms or conditions governing our resolution of your claim. If you feel there is any aspect of the enclosed document which does not reflect our settlement of your claim, please contact me immediately so that we can see that the document is revised to reflect the exact terms of our agreement.”
1 later decision quote this exact passagee.g. Villareal v. Eres“So just send me a single bodily injury release of your insureds only without any additional language that would require my client to pay their defense costs for claims by third parties. If I have valid checks for all bodily injury liability insurance available to your insureds, along with that release and the complete statutory insurance disclosures, within fifteen days of this letter, my client will sign the release and those claims will be settled.”
1 later decision quote this exact passagee.g. Villareal v. Eres
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.