Kumar v. Loper’s Empirical Analysis
2012
Citation profile
5 state decisions
Relationships
Relies on H. F. Livermore Corp. v. Aktiengesellschaft Gebruder Loepfe · 451 So. 2d 219 - Stringfellow v. Stringfellow · 501 So. 2d 377 - Guaranty Nat. Ins. Co. v. Pittman · Lutomski v. Panther Valley Coin Exchange · 535 So. 2d 56 - Accredited Sur. & Cas. Co. v. Bolles
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.
“Based on this Court’s prior caselaw, we find that American States did not enter an appearance in the action when its claims specialist spoke over the telephone with Rogillio’s attorney. Although an appearance need not be a formal entry of appearance or a physical presence in court, in the illustrative cases summarized above, the defendants either 1) served or sent a document to the plaintiff indicating in writing the defendant’s intent to defend, 2) filed a document with the court indicating in writing the defendant’s intent to defend, or 3) had counsel communicate to opposing counsel the defendant’s intent to defend. Here, there is no evidence of American States' informing Rogillio or the court in writing or through counsel of its intent to defend the suit. Al- ’ though it argues that its claims specialist, Anderson, advised Rogillio of its in tent to defend on March 15, 2007, there is no written or audio record of this phone conversation and there is no follow up confirmation letter to indicate what transpired during that conversation. American States has not shown that it made an appearance in this action such that Rogillio was required to provide at least three days’ notice to American States of its application for default judgment. Accordingly, this Court concludes that the default judgment is not void for failure to comply with Rule 55(b).”
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.