960 So. 2d 678 - Quick v. Burton’s Empirical Analysis
2006
Citation profile
23 state decisions
Relationships
Relies on 567 So. 2d 1302 - Gotlieb v. Collat · 789 So. 2d 166 - Wal-Mart Stores, Inc. v. Goodman · 586 So. 2d 929 - Rudolph v. Rudolph · 17 Ala. App. 198 - Denson v. Stanley · Wheeler v. Alabama National Bank of Montgomery
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'When oral testimony is considered by the trial court in reaching its judgment and that testimony is not present in the record as either a transcript or Rule 10(d), [Ala.] R. [App.] P., statement, it must be conclusively presumed that the testimony is sufficient to support the judgment.' Rudolph v. Rudolph , 586 So.2d 929 , 930 (Ala. Civ. App. 1991). Furthermore, our supreme court has stated that an appellate court is limited to a review of the record, and the record cannot be changed, altered, or varied on appeal by statements in briefs of counsel. Wal-Mart Stores, Inc. v. Goodman , 789 So.2d 166 , 176 (Ala. 2000), and Gotlieb v. Collat , 567 So.2d 1302 , 1304 (Ala. 1990) (the appellant bears the burden of ensuring that the record on appeal contains sufficient evidence to warrant reversal). Additionally, this court cannot assume error or presume the existence of facts as to which the record is silent. Goodman , 789 So.2d at 176 .”
2 later decisions quote this exact passage“'When oral testimony is considered by the trial court in reaching its judgment and that testimony is not present in the record as either a transcript or Rule 10(d), [Ala.] R. [App.] P., statement, it must be conclusively presumed that the testimony is sufficient to support the judgment.'”
2 later decisions quote this exact passage“an appellate court is limited to a review of the record, and the record cannot be changed, altered, or varied on appeal by statements in briefs of counsel.”
2 later decisions 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.