Kitchen v. Kitchen’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Parental rights are matters of constitutional import protected by the Fourteenth Amendment to the United States Constitution.... Accordingly we adhere to the limitation of our statutes and case law conferring standing only to parents, grandparents and step-parents. The trial court erred in concluding that it had the authority to grant third-party visitation to persons other than parents, step-parents, or grandparents.”

   2 later decisions quote this exact passage
   e.g. In Re The Matter of I.E.: J.E. v. W.L., R.L., and N.V. · Charity Lindquist v. Cory Lindquist

2. “An order is void where the trial court lacks the authority to act.... Here, the trial court lacked the authority to grant visitation to the Lakes because they did not have standing to petition for visitation with [the child]. Because the lack of standing cannot be cured, that portion of the June 26 order granting visitation rights to the Lakes is void.”

   1 later decision quote this exact passage
   e.g. In Re The Matter of I.E.: J.E. v. W.L., R.L., and N.V.

3. “[A]n order is “void” only when the action or subject matter it describes is of no effect whatsoever, and is incapable of confirmation or ratification.” “Voidable,” however, describes an action or subject matter which nonetheless operates to accomplish the' thing sought to' be accomplished, until the fatal flaw is judicially ascertained and declared.”

   1 later decision quote this exact passage
   e.g. In re the Paternity of: S.A.M. (Child), M.M. v. M.H., S.B.