Dunn v. Dunn’s Empirical Analysis

Citation profile

1 district · 15 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'[wjhile a cross appeal is necessary to obtain a decision more favorable than that rendered by the lower tribunal, it is not necessary to urge an alternative ground for affirmance, even if the trial court considered and rejected that alternative ground.’”

   2 later decisions quote this exact passage
   e.g. Douglas v. Burley ex rel. Hill · 980 So. 2d 275 - MISS. REAL ESTATE APPRAISER v. Schroeder

2. “an appellee should not be required to file a cross-appeal unless he or she is aggrieved by the trial court's judgment.”

   2 later decisions quote this exact passage
   e.g. Culpepper Enterprises Inc. v. Joseph R. Parker · Elsie Smith v. Union Carbide Corporation

3. “"The requisites for application of the doctrine of res judicata are: (1) identity of the thing sued for; (2) identity of the cause of action; (3) identity of the persons and parties to the cause of action; and (4) identity of the quality in the persons for and against whom the claim is made." Standard Oil Co. v. Howell, 360 So.2d 1200, 1202 (Miss.1978) (citing Pray v. Hewitt, 254 Miss. 20 , 179 So.2d 842 (1965)). See also Taylor v. Taylor, 835 So.2d 60, 65 (Miss.2003); Pro-Choice Miss. v. Fordice, 716 So.2d 645, 655 (Miss.1998); Little v. V & G Welding Supply, Inc., 704 So.2d 1336, 1338 (Miss.1997). Res judicata bars litigation in a second action "of all grounds for, or defenses to, recovery that were available to the parties regardless of whether they were asserted or determined in the prior proceeding." Johnson v. Howell, 592 So.2d 998, 1002 (Miss.1991) (quoting Dunaway v. W.H. Hopper & Assocs., Inc., 422 So.2d 749, 751 (Miss.1982)).”

   1 later decision quote this exact passage · from the dissent
   e.g. 898 So. 2d 656 - Copiah v. Baptist Health Systems