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← 877 SO2D 813 - Totale, Inc. v. Smith

Totale, Inc. v. Smith’s Empirical Analysis

2004

Citation profile

7
cited by 7 later decisions
1
states following
January 2018
most recently cited

5 state decisions

Relationships

Relies on 625 So. 2d 1283 - Nordyne v. Florida Mobile Home Supply · 231 So. 2d 532 - Dupuis v. 79th Street Hotel, Inc. · Teca, Inc. v. WM-Tab, Inc. · 566 So. 2d 890 - Martin v. Brown · 198 So. 2d 49 - Strickland v. Muir

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. “the crucial time for the measurement is the time of the fraudulent representation. Later appreciation or depreciation of the property that is subject of the false representation generally does not alter the fraud damage computation.”
    1 later decision quote this exact passage
  2. “value of the stock at the time of purchase. Although CPH insisted in oral argument that the stock market was doing well and that there were no non-fraud related factors affecting the stock price during the”
    1 later decision quote this exact passage
  3. “The `flexibility theory' permits the court to use either the `out-of-pocket' or the `benefit-of-the-bargain' rule, depending upon which is more likely fully to compensate the injured party.”
    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.