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← 949 SW2D 452 - Clary Corp. v. Smith

Clary Corp. v. Smith’s Empirical Analysis

1997

Citation profile

28
cited by 28 later decisions
2
states following
May 2023
most recently cited

22 state decisions

How this case has been cited

Cited by 28 later decisions — most recently May 2023 · most notably In Re United Services Automobile Ass'n (2010), World Help v. Leisure Lifestyles, Inc. (1998)

22 state decisions

1601997200020102020decided

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

Relies on In Re King's Estate · Garza v. Alviar · Huebner v. United States · Cameron v. Terrell & Garrett, Inc. · Arthur Andersen & Co. v. Perry Equipment Corp.

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

  1. “[I]f a party can amend its pleadings to come within a trial court’s jurisdiction, reliance upon section 16.064 is unnecessary; the party can avoid dismissal altogether through proper repleading. Then, the party would not be in the wrong court and would not suffer the “penalty of limitation bar” that section 16.064 is designed to protect against.”
    1 later decision quote this exact passage
  2. “[t]he period between the date of filing an action in a trial court and the date of a second filing of the same action in a different court suspends the running of the applicable statute of limitations....”
    1 later decision quote this exact passage
  3. “the 'amendment' did not relate back to the date of the original counterclaim; instead, it was a new lawsuit because it was made post-dismissal.”
    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.