Goff v. Branch’s Empirical Analysis
1991
Citation profile
17 state decisions
How this case has been cited
Cited by 17 later decisions — most recently March 2018
17 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Appellate journey
reviewedthe decision below (from Texas 45th Judicial District Court)
Relationships
Relies on Davis v. Huey · TransAmerican Natural Gas Corp. v. Powell · Bevil v. Johnson · Adams v. Adams · Wm. T. Jarvis Co., Inc. v. Wes-Tex Grain 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]e can find no authority for a court to invoke for the first time, without prior notice, its inherent power to dismiss for want of prosecution in a reinstatement hearing clearly involving only the review of a dismissal order under TEX. R.CIV.P. 165a(l). This is especially true when notice received by the party whose cause has been dismissed was pursuant only to Rule 165a(l). If a trial court had authority to invoke its inherent powers to dismiss for want of prosecution at any time, with or without proper notice, cases could be summarily dismissed at random in the privacy of the court’s chambers. Such a situation would be unjust and untenable.”
2 later decisions quote this exact passage“The reinstatement provisions of Tex.R. Civ. P. 165a(3) must be construed in connection with the grounds for dismissal set out in Tex.R. Civ. P. 165a(l) and, therefore, apply only to cases that are dismissed because of failure of a party to appear or make an announcement.”), overruled by Cappetta, 222 S.W.3d at 166-67 ; Ozuna v. Southwest Bio-Clinical Labs., 766 S.W.2d 900, 903 (Tex.App.-San Antonio 1989, writ denied) (”
2 later decisions quote this exact passage“The court shall reinstate the case upon finding after a hearing that the failure of the party or his attorney was not intentional or the result of conscious indifference but was due to an accident or mistake or that the failure has been otherwise reasonably explained.”
2 later decisions 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.