865 So. 2d 1207 - Smith v. Smith’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is well settled that when a trial court receives ore tenus evidence in a child-custody-modification proceeding and bases its judgment on its findings of fact, that judgment will not be reversed absent an abuse of discretion or a showing that the findings are plainly and palpably wrong. West v. Rambo, 786 So.2d 1138 (Ala.Civ.App.2000); E.M.C. v. K.C.Y., 735 So.2d 1225 (Ala.Civ.App.1999). A judgment based on ore tenus evidence is presumed correct and will be affirmed if supported by competent evidence. N.G. v. L.A., 790 So.2d 262 (Ala.Civ.App.2001).””

   2 later decisions quote this exact passage
   e.g. Childers v. Brewer · 900 So. 2d 1230 - Mww v. Bw

2. ““Pursuant to Ex parte McLendon [, 455 So.2d 863 (Ala.1984) ], a parent seeking to modify custody must demonstrate that the change in custody would materially promote the child’s welfare and that the disruption caused by the change in custody would be offset by the advantages of that custody change.””

   2 later decisions quote this exact passage
   e.g. Nail v. Jeter · 1 So. 3d 1025 - Cheek v. Dyess

3. “The evidence in support of a modification of custody must be substantial, and it must demonstrate an overwhelming necessity for a change.”

   2 later decisions quote this exact passage
   e.g. Marusich v. Bright · 900 So. 2d 1230 - Mww v. Bw