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← 983 SO2D 313 - Howell v. May

Howell v. May’s Empirical Analysis

2007

Citation profile

6
cited by 6 later decisions
1
states following
April 2018
most recently cited

6 state decisions

Relationships

Relies on 446 So. 2d 1012 - Harris v. Sellers · 797 So. 2d 992 - Wright v. Roberts · METROPOLITAN LIFE INSURANCE COMPANY v. Aetna Cas. & Sur. · 920 So. 2d 528 - Dean v. Kavanaugh

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

  1. “(1) whether one person has to be taken care of by others, (2) whether one person maintains a close relationship with another, (3) whether one person is provided transportation and has their medical care provided for by another, (4) whether one person maintains joint accounts with another, (5) whether one is physically or mentally weak, (6) whether one is of advanced age or poor health, and (7) whether there exists a power of attorney between the one and another.”
    3 later decisions quote this exact passage
  2. “Once a confidential relationship is found, the burden shifts to the beneficiary to disprove the presumption of undue influence by clear and convincing evidence.”
    1 later decision quote this exact passage
  3. “the burden of proof shifts to the beneficiary/grantee to show by clear and convincing evidence that the gift was not the product of undue influence.”
    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.