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← 800 So. 2d 1009 - ECLIPSE TELECOM. v. Telnet Intern. Corp.

800 So. 2d 1009 - ECLIPSE TELECOM. v. Telnet Intern. Corp.’s Empirical Analysis

2001

Citation profile

6
cited by 6 later decisions
1
states following
April 2017
most recently cited

5 state decisions

Relationships

Relies on 739 So. 2d 748 - City of New Orleans v. Bd. of Dir. of State Museum · 403 So. 2d 698 - Ferrell v. South Central Bell Tel. Co. · 489 So. 2d 368 - Guar. Bank & Trust Co. v. Jones · 653 So. 2d 699 - Pelican Plumbing Supply, Inc. v. JOH CONST. CO.

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

  1. “The purpose of the peremptory exception of no cause of action is to determine the sufficiency in law of the petition. The burden of showing that the plaintiff has stated no cause of action is upon the exceptor. The public policy behind the burden is to afford the party his day in court to present his evidence. The exception is triable on the face of the papers, and for the purpose of determining the issues raised by the exception, the court must presume that all well-pleaded facts in the petition are true. All reasonable inferences are' made in favor of the nonmoving party in determining whether the law affords any remedy to the plaintiff. A court of appeal reviews de novo a lower court’s ruling sustaining an exception of no cause of action because the exception raises a question of law and because the lower court’s decision is generally based only on the sufficiency of the petition. The question is whether, in the light most favorable to the plaintiff, the petition states any valid cause of action for relief.”
    1 later decision quote this exact passage
  2. “The guarantor’s name is listed as Telnet and the corporation’s address and telephone number are listed. The corporation’s tax number is entered in the blank which requests the guarantor’s social security number. The document is signed by “Chris Anderson, president.” There is no personal information on the document which pertains to Mr. Anderson.”
    1 later decision quote this exact passage
  3. “) and its president, Chris Anderson, among others. Anderson contended he had not personally guaranteed Telnet's debt to Eclipse. The agreement at issue listed Telnet as the applicant and was signed by Anderson, with no designation of his position as president of the corporation. In conjunction with the contract, Anderson executed a”
    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.