McElwee v. McElwee’s Empirical Analysis
1995
Citation profile
66 state decisions
How this case has been cited
Cited by 66 later decisions — most recently August 2018 · most notably Smith v. Smith (2000), Moroch v. Collins (2005)
66 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Appellate journey
reviewedthe decision below (from Texas 311th Judicial District Court)
Relationships
Relies on California v. ARC America Corp. · Smithson v. United States · Connolly v. Burt · Murff v. Murff · Cearley v. Cearley
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If a judge is disqualified under the Texas Constitution, he is without jurisdiction to hear the case, and therefore, any judgment he renders is void and a nullity”
2 later decisions quote this exact passage“If the trial court mischaracterizes community property as separate property, then the property does not get divided as part of the community estate. If the mischaracterized property has value that would have affected the trial court’s just and right division, then the mis-characterization is harmful and. requires the appellate court to remand the entire community estate to the trial court for a just and right division of the properly characterized community. If, on the other hand, the mischaracterized property had only a de minimis effect on the trial court’s just and right division, then the trial court’s error is not an abuse of discretion.”
1 later decision quote this exact passagee.g. Vickery v. Vickery“when a mischaracterization has more than a mere de minimis effect upon the trial court’s division, the appellate court must remand the community estate to the trial court for a just and right division based upon the correct characterization of the property.”
1 later decision quote this exact passagee.g. Vickery v. Vickery
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.