Day v. Davis’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. ““In this case, the record indicates that the parties and the trial court intended to address the issues in this action in separate trials. However, when separate trials are ordered, a ruling on fewer than all the pending issues is not sufficiently final to support an appeal. Bryant v. Flagstar Enters., Inc., 717 So.2d 400, 402 (Ala.Civ.App.1998). The Committee Comments Adopted February 13, 2004, to Rule 21, Ala. R. Civ. P., explain: “ ‘Rule 21 provides that: “Any claim against a party may be severed and proceeded with separately.” Confusion has sometimes arisen between a true severance and an order providing for separate trials pursuant to Rule 42(b)[, Ala. R. Civ. P.] The distinction has at least the significance that a judgment on the first of two separate trials is not final, absent an order pursuant to Rule 54(b), Ala. R. Civ. P., while after a true severance a judgment on the first action to come to trial is final and appealable without reference to the proceedings in the severed action. Key v. Robert M. Duke Ins. Agency, 340 So.2d 781, 783 (Ala.1976)”

   1 later decision quote this exact passage
   e.g. Gilbreath v. Harbour

2. “A valid Rule 59[, Ala. R. Civ. P.,] motion may only be filed in regard to a final judgment. Ex parte Troutman Sanders, LLP , 866 So.2d 547 , 549 (Ala. 2003) (`By its express terms, Rule 59(e) applies only where there is a”

   1 later decision quote this exact passage
   e.g. 999 So. 2d 953 - Owen v. Hopper

3. “`); Malone v. Gainey , 726 So.2d 725 , 725 n. 2 (Ala.Civ.App. 1999) (`[A] Rule 59 motion may be made only in reference to a final judgment or order.').”

   1 later decision quote this exact passage
   e.g. 999 So. 2d 953 - Owen v. Hopper