Lindsey v. King’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Public policy in Florida favors deciding controversies on their merits, even when an initial brief is untimely filed. Dismissal of an appeal for the untimely filing of a brief serves only to penalize the client for the shortcomings of counsel, which can better be addressed by the use of other sanctions such as fines, costs, reprimand, and contempt.”

   2 later decisions quote this exact passage · from the majority
   e.g. 967 So. 2d 1035 - Kaloyios v. Regal Homes of Cent. Fla., Inc. · 41 So. 3d 1030 - Altman v. State

2. “[T]he "great weight of Florida authority holds that the failure to file an initial brief by the deadline is not sufficient cause to justify dismissal of the appeal, unless there has been fair warning, in advance, that this consequence may flow from a late filing." United Auto., 870 So.2d at 869 (citations omitted). In the absence of particularly egregious conduct, the failure to timely file a brief is not a serious enough violation to warrant dismissal of an appeal. Irvin [v. Williams], 736 So.2d [705,] 706 [(Fla. 1st DCA 1999)].”

   1 later decision quote this exact passage · from the majority
   e.g. 967 So. 2d 1035 - Kaloyios v. Regal Homes of Cent. Fla., Inc.

3. “`principle of law that dismissals for the tardy filing of a brief are highly disfavored'”

   1 later decision quote this exact passage · from the majority
   e.g. 946 So. 2d 1195 - Gillespie v. City of Destin