Perry v. Benson’s Empirical Analysis

Citation profile

1 federal appellate · 10 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[F]or an action to constitute "election of remedies", there must be two or more available remedies open to plaintiff at the time he institutes the first action. Gibson v. American Ins. Co., 146 Fla. 171 , 200 So. 357 . The remedies sought must not only be inconsistent but they must also be coexistent. If the remedy sought in the first instance does not exist at the time it is sought, then there is no election of remedies. The parties are not bound unless, at the time of the first suit, there are two remedies then available from which an election may be made. If, in the first instance, plaintiff proceeds upon an assumed remedy which does not exist at the time, and such effort proves abortive, he is not precluded from resorting to another remedy.”

   4 later decisions quote this exact passage
   e.g. Smith v. FRANK GRIFFIN VOLKSWAGEN · 554 So. 2d 565 - Atlantic National Bank v. Tworoger

2. “* * * * * * "`* * * Where more than one remedy for the enforcement of a particular right actually exists, and such remedies considered with reference to the relation of the parties as asserted in the pleadings are inconsistent, the pursuit of one with knowledge of the facts is in law a waiver of the right to pursue the other inconsistent remedy.' * * * American Process Co. v. Florida White Pressed Brick Co., 56 Fla. 116, 122, 123 , 47 So. 942 , 944; Board of Public Instruction for Bay County v. Mathis, 132 Fla. 289 , 181 So. 147 ." * * * * * *”

   1 later decision quote this exact passage
   e.g. 219 So. 2d 106 - Black v. Miller