State v. White’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a] final appealable judgment must contain decretal language, and it must name the party in favor of whom the ruling is ordered, the party against whom the ruling is ordered, and the relief that is granted or denied.”

   4 later decisions quote this exact passage
   e.g. 166 So. 3d 1282 - Loucious v. Crest Industries, LLC · Powell v. Rapides Parish Sch. Bd.

2. “The result of the comparison of what is owed by order of the court for child support and what has been paid voluntarily by the defendant, results in an overpayment by the defendant [in] the sum of $5,513.19. For the foregoing reasons, a recommendation for judgment recognizing an overpayment by the defendant in the amount of $5,513.19 is submitted, attached, and has been mailed by certified mail to the parties this the 10th day of February, 2004[sie]. Furthermore, the Hearing Officer’s Findings and Recommendations, adopted by the trial court and declared to be its final judgment, state merely that: “Def is not in arrears — overpayment] in the amount of $5,513.19.” This language is merely a finding or an observation, not a judgment that is “precise, definite and certain.” Jenkins, 858 So.2d at 600 . There is no indication as to what relief is granted or denied. Certainly a ruling that would require repayment by the State is a different matter than one that would require the withholding of ongoing child support owed to Mr. White’s children through the operation of La.Civ.Code art. 227. We note that, although the State filed the rule to establish arrearage, Ms. Douglas appears before this court as the appellant and the State has filed a brief in support of the hearing officer’s ruling. Without a definite ruling from the lower court for review, the purported judgment does not constitute a final appeal-able judgment; therefore, this court lacks jurisdiction to review this matter. S”

   1 later decision quote this exact passage
   e.g. 106 So. 3d 555 - Tyler v. Dejean

3. “In reviewing this case, we have discovered that the judgment is sufficiently unclear so as to render this matter improperly before us on review. In Jenkins v. Recovery Technology Investors, 02-1788, pp. 3-4 (La.App. 1 Cir. 6/27/03), 858 So.2d 598, 600 , the first circuit observed that: While the judgment contains decre-tal language, it does not order the payment of money, and it does not identify the defendant who is cast in judgment. The failure to name the defendant against whom the judgment is rendered in a case with multiple defendants makes the judgment fatally defective, because one cannot discern from its face against whom it may be enforced. See Scott v. State of Louisiana, 525 So.2d 689, 691 (La.App. 1st Cir.1988), writ denied, 558 So.2d 1128 (La.1990). A valid judgment must be precise, definite, and certain. Laird v. St. Tammany Parish Safe Harbor, 2002-0045, p. 3 (La.App. 1st Cir. 12/20/02), 836 So.2d 364, 365 ; Davis v. Farm Fresh Food Supplier, 2002-1401, p. 4 (La.App. 1st Cir. 3/28/03), 844 So.2d 352, 353 . A final appealable judgment must contain decretal language, and it must name the party in favor of whom the ruling is ordered, the party against whom the ruling is ordered, and the relief that is granted or denied. See Carter v. Williamson Eye Center, 2001-2016 (La.App. 1st Cir. 11/27/02), 837 So.2d 43 .”

   1 later decision quote this exact passage
   e.g. 106 So. 3d 555 - Tyler v. Dejean