913 So. 2d 43 - Jenkins v. Eckerd Corp.’s Empirical Analysis
2005
Citation profile
1 district · 24 state decisions
How this case has been cited
Cited by 35 later decisions — most recently August 2020 · most notably Abigail Bacon v. Avis Budget Group Inc (2020), 9 So. 3d 1258 - ENVIRONMENTAL SERVICES, INC. v. Carter (2009)
1 district · 24 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.
Relationships
Applies 11 U.S.C. § 365
Relies on American Flint Glass Workers Union v. Anchor Resolution Corp. · Cox v. CSX Intermodal, Inc. · 743 So. 2d 627 - Management Computer v. Perry Const. · 664 So. 2d 1000 - Emergency Associates of Tampa PA v. Sassano · 163 So. 2d 784 - American Fire and Casualty Company v. Collura
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although the existence of a merger clause does not per se establish that the integration of the agreement is total, a merger clause is a highly persuasive statement that the parties intended the agreement to be - 22 - Conclusion The trial court departed from the essential requirements of law in (1) violating a clearly established principle of law to exclude consideration of evidence offered for the purpose of showing a good faith dispute as to the amount of the claim of lien and (2) finding that the claim of lien was fraudulent and unenforceable as a matter of law based solely on the fact that the claim of lien amount exceeded the total cost of the alleged "final contract”
1 later decision quote this exact passage“The contracting parties here had the ability to negotiate and establish ... their respective rights, duties and remedies for the entire term of the lease and to express those rights and duties in writing as accurately as feasible.... Although the remedy of termination provided ... may be harsh, it is the remedy the parties negotiated and expressly set forth in writing.”
1 later decision quote this exact passage“Although the existence of a merger clause does not per se establish that the integration of the agreement is total, ... a merger clause is a highly persuasive statement that the parties intended the agreement to be totally integrated and generally works to prevent a party from introducing parol evidence to vary or contradict the written terms.”
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.