784 So. 2d 293 - Brannan v. Smith’s Empirical Analysis
2000
Citation profile
4 state decisions
Relationships
Relies on 608 So. 2d 391 - Marvin's, Inc. v. Robertson · Birmingham Bar Ass'n v. Phillips & Marsh · Boykin v. Magnolia Bay, Inc. · Baxter v. State Ex Rel. Metcalf · State Ex Rel. Norrell v. Key
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.
“"(a) An action may be commenced under this article, in the name of the state, against the offending corporation, on the information of any person for the purpose of vacating the charter or annulling the existence of any corporation , other than municipal, whenever such corporation: "(1) Offends against any of the acts creating, altering or renewing such corporation; "(2) Violates the provisions of any law, by which such corporation forfeits its charter, by abuse of its powers; "(3) Has forfeited its privileges or franchises by failure to exercise its powers; "(4) Has done or omitted any act which amounts to a surrender of its corporate rights, privileges and franchises; or "(5) Exercises a franchise or privilege not conferred on it by law. "(b) The judge of the circuit court, whenever he believes that any of the acts or omissions specified in subsection (a) of this section can be proved and it is necessary for the public good, must direct the district attorney to commence an action, or an action may be commenced without the direction of the judge on the information of any person giving security for the costs of the action, to be approved by the clerk of the court in which the action is commenced." (Emphasis added.)”
1 later decision quote this exact passage“(b) The judge of the circuit court, whenever he believes that any of the acts or omissions specified in subsection (a) of this section can be proved and it is necessary for the public good, must direct the district attorney to commence an action, or an action may be commenced without the direction of the judge on the information of any person giving security for the costs of the action, to be approved by the clerk of the court in which the action is commenced.”
1 later decision quote this exact passage“"(a) An action may be commenced in the name of the state against the party offending in the following cases: "(1) When any person usurps, intrudes into or unlawfully holds or exercises any public office, civil or military, any franchise, any profession requiring a license, certificate, or other legal authorization within this state or any office in a corporation created by the authority of this state ...”
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.