Public-domain · open source
OpenJurist
← 878 So. 2d 440 - Hack v. Janes

878 So. 2d 440 - Hack v. Janes’s Empirical Analysis

2004

Citation profile

9
cited by 9 later decisions
2
states following
January 2016
most recently cited

9 state decisions

Relationships

Relies on In Re Estate of Carpenter · 780 So. 2d 45 - Beal Bank, SSB v. Almand and Associates · State v. Rolle · Caldwell v. DIVISION OF RETIREMENT, ETC. · 475 So. 2d 227 - Wieczoreck v. H & H BUILDERS, INC.

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. “In a civil action or proceeding, unless otherwise provided by statute, a presumption established primarily to facilitate the determination of the particular action in which the-presumption is applied, rather than to implement public policy, is a presumption affecting the burden of producing evidence.”
    2 later decisions quote this exact passage · from the concurrence
  2. “Presumption affecting the burden of proof defined.—In civil actions, all rebuttable presumptions which are not defined in s. 90.303 are presumptions affecting the burden of proof.”
    1 later decision quote this exact passage · from the concurrence
  3. “presumption of undue influence implements public policy against abuse of fiduciary or confidential relationships and is therefore a presumption shifting the burden of proof.”
    1 later decision quote this exact passage · from the concurrence

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.