Public-domain · open source
OpenJurist
← 830 SO2D 635 - Mitchell v. Nelson

Mitchell v. Nelson’s Empirical Analysis

2002

Citation profile

9
cited by 9 later decisions
1
states following
December 2015
most recently cited

9 state decisions

Relationships

Relies on Short v. Columbus Rubber and Gasket Co. · 594 So. 2d 1170 - Mantachie Nat. Gas v. Miss. Valley Gas Co. · McCullough v. Cook · Clark v. Moore Mem. United Meth. Church · 714 So. 2d 962 - Briney v. US Fidelity & Guar. 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “A Rule 60(b)(6) motion should only be granted in exceptional circumstances. Moore v. Jacobs, 752 So.2d 1013, 1017 (Miss.1999). This action does not meet the exceptional circumstance requirement of the rule. This provision of the rule is a catch all provision to allow relief when equity demands. Use of Rule 60(b)(6) must be based on some reason other than the first five enumerated clauses of the rule. See Briney v. United States Fid. & Guar. Co., 714 So.2d 962, 966 (Miss.1998).”
    1 later decision quote this exact passage
  2. “Fraud is `a knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment.'”
    1 later decision quote this exact passage
  3. “Additionally, the elements of fraud must be prove[n] by clear and convincing evidence.”
    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.