Williams v. Dietz’s Empirical Analysis

Citation profile

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

1. “In the absence of anything to refute them, we will sustain the trial court's findings, and we assume that the evidence presented was sufficient to support those findings.”

   4 later decisions quote this exact passage
   e.g. Smith v. Smith · Arnold v. Day

2. “The record on appeal is fundamental to the exercise of appellate review because "[this court does not act as a fact finder." Combs v. Sherry-Combs, 865 P.2d 50, 55 (Wyo.1993). Without a sufficient record, we must accept "the trial court's findings as being the only basis for deciding the issues which pertain to the evidence." Willowbrook Ranch, Inc. v. Nugget Exploration, Inc., 896 P.2d 769, 771 (Wyo.1995). "In the absence of anything to refute them, we will sustain the trial court's findings, and we assume that the evidence presented was sufficient to support those findings." 896 P.2d at 771-72 . Weiss v. Pedersen, 933 P.2d 495, 498 (Wyo.1997). Additionally, in cases where a tran-seript of the hearing does not exist, W.R.A.P. 3.08 allows the appellant to settle the record by preparing a statement of the evidence or proceedings from the best available means. Barela v. State, 936 P.2d 66, 69 (Wyo.1997). The hearing in this case was not recorded, and Williams did not take advantage of this rule and prepare or provide this Court with a statement of the evidence.”

   1 later decision quote this exact passage
   e.g. Arnold v. Day

3. “"`[O]n appeal, the Supreme Court assumes that evidence in favor of the successful party is true, leaves out of consideration entirely the conflicting evidence presented by the unsuccessful party, and gives the evidence of the successful party every favorable inference that may reasonably and fairly be drawn from it. Furthermore, a reviewing court cannot substitute its judgment of the facts for that of the trial court unless the trial court's judgment is clearly erroneous or contrary to the great weight of the evidence.'" McCormick v. McCormick, 926 P.2d 360, 362 (Wyo.1996) (quoting Wyoming Sawmills, Inc. v. Morris, 756 P.2d 774, 775 (Wyo.1988)). The party who alleges that a contract exists bears the burden of proving the terms of that contract. ... It is well established that courts do not have the power to supply indefinite terms.”

   1 later decision quote this exact passage
   e.g. Carroll v. Bergen