970 So. 2d 855 - Davidson v. Ramirez’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]his procedure is contrary to the intent of the statute. The legislative intent is to require the twenty-one-day notice whenever a subsection 57.105(5) 2 motion is filed by a party. It would frustrate the legislative intent to avoid the twenty-one-day notice by allowing the court to adopt the party-filed motion as the court’s own. Since this was a party-filed motion, the subsection 57.105(4) notice period had to be observed.”

   2 later decisions quote this exact passage
   e.g. City of North Miami Beach v. Berrio · 65 So. 3d 22 - Santini v. Cleveland Clinic Florida

2. “A motion by a party seeking sanctions under this section must be served but may not be filed with or presented to the court unless, within 21 days after service of the motion, the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected.”

   1 later decision quote this exact passage
   e.g. Nathan v. Bates

3. “The purpose of subsection (4) is to give a pleader a last clear chance to withdraw a frivolous claim.”

   1 later decision quote this exact passage
   e.g. Nathan v. Bates