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← 913 So. 2d 5 - Albritton v. Ferrera

913 So. 2d 5 - Albritton v. Ferrera’s Empirical Analysis

2005

Citation profile

19
cited by 19 later decisions
1
states following
October 2018
most recently cited

18 state decisions

Relationships

Relies on 912 So. 2d 561 - Boca Burger, Inc. v. Forum · 865 So. 2d 520 - Wendy's of NE Florida, Inc. v. Vandergriff · 667 So. 2d 350 - Demby v. English · 847 So. 2d 1151 - Mullins v. Kennelly · 437 So. 2d 242 - Wright v. Acierno

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

  1. “(1) Upoh the court’s initiative or motion of any party, the court shall award a reasonable attorney’s fee, including prejudgment interest, to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attor- ' ney on any claim or defense at any time during a civil proceeding or action in which the court finds that the losing party or the losing party’s attorney knew or should have known that a claim or defense when initially presented to the court or at any time before trial: (a) Was not supported by the material facts necessary to establish the claim or defense; or (b) Would not be supported by the application of then-existing law to those material facts.”
    4 later decisions quote this exact passage
  2. “the legislative intent to impose a mandatory penalty in the form of reasonable attorney's fees to discourage baseless claims, by placing a price tag on losing parties who engage in these activities”
    2 later decisions quote this exact passage
  3. “Specifically, the 1999 version [of section 57.105] authorizes an award of attorney’s fees “on any claim or defense at any time during a civil proceeding or action,” if the claim “was not supported by the material facts necessary to establish the claim,” or “would not be supported by the application of then-existing law to those material facts.” ... Significantly, the 1999 version of section 57.105, “applies to any claim or defense, and does not require that the entire action be frivolous.””
    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.