828 So. 2d 269 - Phillips v. Randolph’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[W]hen a party files a motion to set aside a default judgment, the movant has the initial burden of making a prima facie showing that the plaintiff will not be unfairly prejudiced if the default judgment is set aside. If the movant makes a prima facie showing that the plaintiff will not be unfairly prejudiced, the burden then shifts to the plaintiff to present facts showing that the plaintiff will be unfairly prejudiced if the default judgment is set aside."”

   8 later decisions quote this exact passage
   e.g. Royal Ins. Co. of Am. v. Crowne Investments, Inc. · Ward v. Johnathan Motors, LLC (In re Ward)

2. “"a defaulting party has satisfactorily made a showing of a meritorious defense when allegations in an answer or in a motion to set aside the default judgment and its supporting affidavits, if proven at trial, would constitute a complete defense to the action, or when sufficient evidence has been adduced either by way of affidavit or by some other means to warrant submission of the case to the jury. "The allegations set forth in the answer and in the motion must be more than mere bare legal conclusions without factual support; they must counter the cause of action averred in the complaint with specificity — namely, by setting forth relevant legal grounds substantiated by a credible factual basis. Such allegations would constitute a `plausible defense.'"”

   6 later decisions quote this exact passage
   e.g. Moore v. Welch · 71 So. 3d 689 - Beh, Jr. v. State Ex Rel. Mec

3. “"In DaLee v. Crosby Lumber Co ., 561 So.2d 1086 , 1091 (Ala. 1990), this Court stated: "`"If judgment be entered against a party in his absence, before he can be relieved of the judgment he must show that it was the result of a mistake or inadvertence which reasonable care could not have avoided, a surprise which reasonable precaution could not have prevented, or a negligence which reasonable prudence could not have anticipated."' "(Quoting McDavid v. United Mercantile Agencies, Inc ., 248 Ala. 297 , 301 , 27 So.2d 499 , 503 (1946).) In that case, DaLee had attempted to have a default judgment set aside after he realized that the judgment was entered against him personally, as well as against his company. This Court considered DaLee's arguments, but ultimately affirmed the default judgment and the denial of the motion to set it aside. In doing so, the Court quoted the following, noting that it had been quoted as authority in Fancher v. Fancher , 262 Ala. 489 , 80 So.2d 248 (1955): "`"`A party who ignores a summons and, without good excuse, neglects to make his defense at the proper time has no standing in any court when he seeks to avoid the resulting judgment or decree. Read v. Walker , 18 Ala. 323 , 333 .' Boothe v. Shaw , 214 Ala. 552 , 108 So. 563 , 564."'”

   3 later decisions quote this exact passage
   e.g. 908 So. 2d 207 - LIFESTAR RESPONSE OF ALA., INC. v. Lemuel · 860 So. 2d 1275 - McCormick v. Congleton