Ex Parte Elliott’s Empirical Analysis

Citation profile

45 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`the length of the marriage, the age and health of the parties, the future employment prospects of the parties, the source, value, and type of property owned, and the standard of living to which the parties have become accustomed during the marriage.'”

   4 later decisions quote this exact passage
   e.g. Wright v. Wright · 910 So. 2d 1274 - Diggs v. Diggs

2. “[a] court has no fixed standard to follow in awarding alimony or in dividing marital property,”

   4 later decisions quote this exact passage
   e.g. 835 So. 2d 1024 - Jhf v. Psf · 990 So. 2d 383 - Clements v. Clements

3. “"`In reviewing the [circuit] court's judgment in a divorce case presented ore tenus , we will presume the judgment to be correct. . . .' Ex parte Jackson , 567 So.2d 867 , 868 (Ala. 1990). Furthermore, rulings on such matters as child support, alimony, division of marital property, and payment of marital debts are within the discretion of the circuit court. See id. Thus, a circuit court's divorce judgment, including its rulings on these matters, will not be reversed unless it is so unsupported by the evidence that it is plainly and palpably wrong and a clear abuse of discretion. See Ex parte Smith , 673 So.2d 420 , 421 (Ala. 1995); Ex parte Jackson , 567 So.2d at 868 ; see also Hartselle v. Hartselle , 475 So.2d 860 , 861 (Ala.Civ.App. 1985) (`The cases are legion which hold that matters in divorce cases, such as the division of property and child custody, are subjects that fall within the sound judicial discretion of the [circuit] court.'). Moreover, an appellate court reviewing a circuit court's judgment in a divorce action is not to substitute its judgment of the facts for that of the circuit court. See Ex parte Smith , 673 So.2d at 422 . Instead, the appellate court is `simply to determine if there was sufficient evidence before the circuit court to support its decision against a charge of arbitrariness and abuse of discretion.' Id. "”

   3 later decisions quote this exact passage
   e.g. Hutchinson v. Hutchinson · 835 So. 2d 1024 - Jhf v. Psf