Zeller v. Bailey’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] trial court's broad discretionary authority under Rule 55(c) should not be exercised without considering the following three factors: 1) whether the defendant has a meritorious defense; 2) whether the plaintiff will be unfairly prejudiced if the default judgment is set aside; and 3) whether the default judgment was a result of the defendant's own culpable conduct.”

   14 later decisions quote this exact passage
   e.g. D.B. v. D.G. · Tucker v. Nixon

2. “"To warrant a refusal to set aside a default judgment, the defaulting party's actions that resulted in the entry of the default judgment must constitute willful conduct or conduct committed in bad faith. Negligence alone is not sufficient. Bad faith or willfulness is identified by `incessant and flagrant disrespect for court rules, deliberate and knowing disregard for judicial authority, or intentional nonresponsiveness.' Kirtland [v. Fort Morgan Auth. Sewer Serv., Inc.], 524 So.2d [600 ] at 608 [(Ala. 1988)] (citing Agio Indus., Inc. v. Delta Oil Co. , 485 So.2d 340 , 342 (Ala.Civ.App. 1986)). A trial court's finding with respect to the culpability of the defaulting party is subject to great deference. Jones v. Hydro-Wave of Alabama, Inc. , 524 So.2d 610 , 616 (Ala. 1988)."”

   3 later decisions quote this exact passage
   e.g. Hilyer v. Fortier · Hilyer v. Fortier

3. “"The setting aside of a default judgment delays a final termination of the litigation. This delay frustrates or impedes a plaintiff's efforts to recover on his claim and causes him to incur additional costs. Moreover, the delay may facilitate fraud and collusion, result in loss of evidence, and hinder discovery.'"”

   1 later decision quote this exact passage
   e.g. 995 So. 2d 161 - Manci v. Ball, Koons & Watson