Bain v. Gray’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"A summary judgment is appropriate where there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law. Rule 56, Ala. R. Civ. P.; Bussey v. John Deere Co. , 531 So.2d 860 (Ala. 1988). `When the movant makes a prima facie showing that those two conditions are satisfied, the burden shifts to the nonmovant to present "substantial evidence" creating a genuine issue of material fact.' Ex parte Alfa Mut. Gen. Ins. Co. , 742 So.2d 182 , 184 (Ala. 1999). `[Substantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.' West v. Founders Life Assurance Co. of Florida , 547 So.2d 870 , 871 (Ala. 1989). In reviewing a summary judgment, this court must review the record in a light most favorable to the nonmoving party and must resolve all reasonable doubts concerning the existence of a genuine issue of material fact against the moving party. *Page 461 Hanners v. Balfour Guthrie, Inc. , 564 So.2d 412 (Ala. 1990)."”

   4 later decisions quote this exact passage
   e.g. Raviv v. Hanover Insurance Co. · Anderson v. Amberson

2. ““The .05-acre parcel in dispute is located in the Kowaliga Bay Estates subdivision in Elmore County. The record indicates that the parcel is a rocky, narrow strip of land that slopes steeply down on its west side into a slough on Lake Martin. The parcel is bordered to the east by Big Oak Drive, to the north by Cove Drive, and to the south by Poplar Drive. “The record contains a copy of the original subdivision plat filed in September 1953. The subdivision plat divides the property composing the subdivision into units, then into blocks, and then into lots. From our review of the record, it appears that all of the smallest divisions of the property in the subdivision plat are designated by lot numbers, with the exception of the disputed par cel. However, on the subdivision plat, three lines are drawn across the parcel. The record indicates that those lines, if continued across Big Oak Drive, match the lines dividing Lots 2, 3, and 4, of Block No. 5, Unit No. 2, of the Kowaliga Bay Estates subdivision. “Gray owns Lots 2, 3, and 4, of Block No. 5, Unit No. 2, of the Kowaliga Bay Estates subdivision, the lots directly across Big Oak Drive from the parcel. [Bain and Johnston] own Lot 13 and Lot 14 of Block 8, Unit 2, of the Kowaliga Bay Estates subdivision. One of [Bain and Johnston’s] lots is directly across the slough from the parcel. The parties’ deeds describe their respective properties by lot, block, and unit numbers; all of the deeds preceding those deeds date back to the ti”

   1 later decision quote this exact passage
   e.g. 164 So. 3d 553 - Jean S. Gray v. Larry O. Bain and Sharon Johnston

3. ““1. The parties will divide absolute ownership of the disputed property with the Plaintiff, Jean S. Gray (hereinafter referred to as ‘Gray’) receiving the northern portion of the disputed property (which has been labeled as Parcel 57 by the Elmore County Revenue Commissioner’s Office) and the Defendants, Larry 0. Bain and Sharon Johnston (hereinafter referred to as ‘Bain and Johnston’) receiving the southern portion of same. [Bain and Johnston’s] surveyor, Stephen Speaks, shall at [Bain and Johnston’s] expense, prepare a boundary survey of the parcels to be received by the respective parties. Said survey shall be in accordance with a survey previously prepared by Speaks with the addition of the boundary line which will now divide the property into the two parcels to be received by the respective parties. The common boundary line shall begin on the west side of Big Oak Drive at the point which would represent the boundary line between Lot 3 and Lot U, Block 5, Unit % ofKowaliga Bay Estates. Beginning at said point, the boundary line shall proceed to a point which is one foot from the point designated as the Delta Point between L-k and L-5 on the previous Speaks survey. Said point shall be determined in a manner which will cause the remainder of the boundary line which intersects said Delta Point to be perpendicular to Big Oak Drive. The express purpose of the above is to cause the property line to enter Lake Martin at an angle perpendicular to Big Oak Drive. “2. Upon completio”

   1 later decision quote this exact passage
   e.g. 164 So. 3d 553 - Jean S. Gray v. Larry O. Bain and Sharon Johnston