804 So. 2d 1018 - Foster v. Ross’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Whenever there is a relationship between two people in which one person is in a position to exercise dominant influence upon the other because of the latter's dependency upon the former, arising either from weakness of the mind or body, or through trust, the law does not hesitate to characterize such a relationship as fiduciary in character.”

   5 later decisions quote this exact passage
   e.g. Brown v. Jones · Caspelich v. Loew

2. “in any civil action commenced ... in any court of record in this state, the court shall award ... reasonable attorney’s fees and costs against any party or attorney if the court ... finds that án attorney or party brought an action, or asserted any claim or defense, that is without substantial justification, or that the action, or any claim or defense asserted, was interposed for delay of harassment, of if it finds that an attorney or party unnecessarily expanded the proceedings by other improper conduct [[Image here]]”

   2 later decisions quote this exact passage
   e.g. Main Street Holding Inc. v. Omsiv Inc. · 948 So. 2d 445 - Richardson v. Audubon Ins. Co.

3. “the creation of a certificate of deposit creates an automatic presumption of 'intent' to give ownership to the persons named on the CD, whether living or as survivors. Such presumptive title may be defeated upon proof of forgery, fraud, duress, or ... [the] unrebutted presumption of undue influence.”

   1 later decision quote this exact passage
   e.g. Estate of Johnson v. Johnson