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← 970 SW2D 41 - Boatman v. Lites

Boatman v. Lites’s Empirical Analysis

1998

Citation profile

11
cited by 11 later decisions
1
states following
July 2010
most recently cited

11 state decisions

Appellate journey

reviewedthe decision below (from Texas 173rd Judicial District Court)

Relationships

Relies on In Re King's Estate · Cain v. Bain · Transportation Insurance Co. v. Moriel · Sterner v. Marathon Oil Co. · Montgomery Ward & Co. v. Scharrenbeck

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

  1. “Approximately one year prior to the filing of this suit, the [Liteses] hired counsel to write the Boatmans, requesting that they refrain from diverting surface water. Mr. Boatman testified that he ignored the letter and thought it was ridiculous. When further pressed as to why he thought the request was ridiculous, he said “because I’m me and that’s the way I think.” After the trial court issued a temporary injunction ordering the Boatmans to remove the berm, they did not remove the dirt, but spread it out, further building up their property. When Mr. Lites attempted to talk to Mr. Boatman about the berm and the erosion problems, Mr. Boatman used profanity against him. The erosion caused by the building of the berm covered an area approximately seven feet by twenty feet. The eroded property was located at the extreme corner of the [Liteses’] property opposite from their home and not located within the vicinity of any other structures. On numerous occasions, the [Liteses] attempted to repair the damage done to their land, but were unable to do so.”
    1 later decision quote this exact passage
  2. “The Declaratory Judgments Act provides that a person interested under a deed or other writing constituting a contract may have the court determine any question of construction or validity arising under the instrument and obtain a declaration of rights, status, or other legal relations under it. In addition, a person whose rights, status, or other legal relations are affected by a statute may have the court determine any question of construction or validity arising under the statute and obtain a declaration thereunder. The Act provides a procedural method for deciding the validity or proper construction of a written instrument or a statute. A declaratory judgment should not be rendered when there is no claim that a statute or a deed is ambiguous or invalid.”
    1 later decision quote this exact passage
  3. “[A]n act or omission by George Solomon (a) which when viewed objectively from the standpoint of George Solomon at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to Larry and Tina Bullard; and (b) of which George Solomon has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of Larry and Tina Bullard.”
    1 later decision 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.