960 So. 2d 328 - Windham v. Murray’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a fact is material when its existence or non-existence may be essential to the plaintiff's cause of action under the applicable theory of recovery.”

   3 later decisions quote this exact passage
   e.g. Gainer v. Specialty Risk Associates, Inc. · 978 So. 2d 475 - Moore v. Kenilworth/Kailas Properties

2. “a fact is material if it potentially insures or precludes recovery, affects a litigant's ultimate success, or determines the outcome of a legal dispute.”

   2 later decisions quote this exact passage
   e.g. 978 So. 2d 475 - Moore v. Kenilworth/Kailas Properties · 993 So. 2d 334 - Netters v. Scrubbs

3. “The burden of proof remains with the movant. However, if the movant will not bear the burden of proof at trial on the matter that is before the court on the motion for summary judgment, the movant's burden on the motion does not require him to negate all essential elements of the adverse party's claim, action, or defense, but rather to point out to the court that there is an absence of factual support for one or more elements essential to the adverse party's claim, action, or defense. Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact.”

   1 later decision quote this exact passage
   e.g. 993 So. 2d 334 - Netters v. Scrubbs