Dawkins v. Walker’s Empirical Analysis

2001

Citation profile

cited by 26 later decisions

states following

July 2018

most recently cited

25 state decisions

Relationships

Relies on 547 So. 2d 870 - West v. Founders Life Assur. Co. of Florida · 538 So. 2d 794 - Bass v. SOUTHTRUST BANK OF BALDWIN CTY. · Hanners v. Balfour Guthrie, Inc. · 531 So. 2d 860 - Bussey v. John Deere Co. · 613 So. 2d 359 - Wilma Corp. v. Fleming Foods of Alabama

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

“An injunction is defined as '[a] court order commanding or preventing an action.'”
8 later decisions quote this exact passage
e.g. City of Gadsden v. Boman · Blevins v. Thomas R. Boller, P.C.
“'Rule 19, Ala. R. Civ. P., provides for joinder of persons needed for just adjudication. Its purposes include the promotion of judicial efficiency and the final determination of litigation by including all parties directly interested in the controversy. Hooper v. Huey , 293 Ala. 63 , 69, 300 So.2d 100 , 105 (1974), overruled on other grounds, Bardin v. Jones , 371 So.2d 23 (Ala. 1979).'”
7 later decisions quote this exact passage
e.g. Miller v. City of Birmingham · W.L. v. D.B.
“"`General contract law requires a court to enforce an unambiguous, lawful contract, as it is written. P & S Business, Inc. v. South Central Bell Telephone Co., 466 So.2d 928, 931 (Ala.1985). See also McDonald v. U.S. Die Casting & Development Co., 541 So.2d 1064 (Ala. 1989). A court may not make a new contract for the parties or rewrite their contract under the guise of construing it. Estes v. Monk, 464 So.2d 103 (Ala.Civ. App.1985).... "`. . . . "`When interpreting a contract, a court should give the terms of the agreement their clear and plain meaning and should presume that the parties intended what the terms of the agreement clearly state. Pacific Enterprises Oil Co. (USA) v. Howell Petroleum Corp., 614 So.2d 409 (Ala.1993).'"”
2 later decisions quote this exact passage · from the concurrence
e.g. Public Building Authority v. St. Paul Fire & Marine Insurance · 943 So. 2d 789 - Bockman v. WCH, LLC

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.