Metot v. Danielson’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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(b) Motion for New Trial Required. A point in a motion for new trial is a prerequisite to the following complaints on appeal: (1) A complaint on which evidence must be heard such as one of jury misconduct or newly discovered evidence or failure to set aside a judgment by default; (2) A complaint of factual insufficiency of the evidence to support a jury finding; (3) A complaint that a jury finding is against the overwhelming weight of the evidence; (4) A complaint of inadequacy or excessiveness of the damages found by the jury; or (5) Incurable jury argument if not otherwise ruled on by the trial court.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Cecil v. Smith

2. “(a) General Rule. In order to preserve a complaint for appellate review, a party must have presented to the trial court a timely request, objection or motion, stating the specific grounds for the ruling he desired the court to make if the specific grounds were not apparent from the context. It is also necessary for the complaining party to obtain a ruling upon the party's request, objection or motion .... (Emphasis ours.)”

   1 later decision quote this exact passage · from the concurrence
   e.g. Cecil v. Smith

3. “that merely filing a motion for new trial is not sufficient to preserve error on appeal; the movant must in some way `direct the court's attention' to the motion for new trial.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Cecil v. Smith