Topic: ends the litigation on the merits and leaves nothing for th… · Go Syfert
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Topic #192

18 canonical passages across 16 cases, quoted by 726 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Midland Asphalt Corp. v. United States.

#Case FlagCanonical passage Citers
1 Midland Asphalt Corp. v. United States Anchor
scotus · 1989
green “ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.” 369
2 Menninger v. Accredited Home Lenders (In Re Morgeson)
bap6 · 2007
green “under a de novo standard of review, the reviewing court decides an issue independently of, and without deference to, the trial court's determination.” 87
3 Treinish v. Norwest Bank Minnesota, N.A. (In Re Periandri)
bap6 · 2001
green “de novo means that the appellate court determines the law independently of the trial court's determination.” 50
4 First Union Mortgage Corp. v. Eubanks (In Re Eubanks)
bap6 · 1998
green “de novo review requires the panel to review questions of law independent of the bankruptcy court's determination.” 49
5 Kaye v. Agripool, SRL (In Re Murray Inc.)
bap6 · 2008
green “an abuse of discretion occurs only when the trial court relies upon clearly erroneous findings of fact or when it improperly applies the law or uses an erroneous legal standard.” 34
6 Marketing & Creative Solutions, Inc. v. Scripps Howard Broadcasting Co. (In Re Marketing & Creative Solutions, Inc.)
bap6 · 2006
green “no deference is given to the trial court's conclusions of law.” 31
7 In Re Dsc, Ltd., a Michigan Corporation, Debtor. Riverview Trenton Railroad Company Crown Enterprises, Inc. v. Dsc, Ltd., a Michigan Corporation
ca6 · 2007
green “a finding of fact is clearly erroneous 'when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” 29
8 Marketing & Creative Solutions, Inc. v. Scripps Howard Broadcasting Co. (In Re Marketing & Creative Solutions, Inc.)
bap6 · 2006
green “as if it had not been heard before.” 21
9 Gibson v. Gibson (In Re Gibson)
bap6 · 1998
green “the mere existence of a scintilla of evidence in support of the nonmoving party's position will be insufficient; there must be evidence on which the jury could reasonably find for the nonmoving party.” 11
10 Booher Enterprises v. Eastown Auto Co. (In Re Eastown Auto Co.)
bap6 · 1998
green “no deference is given to the trial court's conclusions of law.” 9
11 Kraus Anderson Capital, Inc. v. Bradley (In re Bradley)
bap6 · 2014
green “is clearly erroneous when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” 8
12 In Re Richard Glenn Biggs and Kathy Jean Biggs, A/K/A Kathy Jean Melton, Debtors. Jeanne Burton Gregory, Trustee v. Ocwen Federal Bank
ca6 · 2004
green “lend uncertainty about the legal effectiveness of the instrument and for that reason alone the acknowledgment fails substantially to comply with tennessee law.” 5
13 Marketing & Creative Solutions, Inc. v. Scripps Howard Broadcasting Co. (In Re Marketing & Creative Solutions, Inc.)
bap6 · 2006
green “de novo review means that the issue is decided as if it had not been heard before.” 5
14 Tedeschi v. Falvo (In Re Falvo)
bap6 · 1998
green “when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” 5
15 In Re: Amc Mortgage Company, Inc., Debtor. Amc Mortgage Company, Inc. v. Tennessee Department of Revenue
ca6 · 2000
green “accordingly, the decision to dismiss the case will be upheld unless it was an abuse of discretion, defined as 'a definite and clear conviction that the trial court committed a clear error of judgment.” 4
16 Dealer Computer Services, Inc. v. Dub Herring Ford
ca6 · 2010
green “it is well-settled that this court will not consider arguments raised for the first time on appeal unless our failure to consider the issue will result in a plain miscarriage of justice.” 3
17 State Street Bank & Trust Co. of Boston v. Heck's, Inc.
ky · 1998
green “the recordation of an unrecordable instrument does not constitute constructive notice.” 3
18 Paglia v. Sky Bank (In Re Paglia)
pawb · 2003
green “the purpose of 524(a) is to afford a debtor a 'fresh start' by ensuring that a debtor will not be pressured in any way to repay a debt after it has been discharged.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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