ROBERT H. TISON, PLAINTIFF IN ERROR,
v.
ATLANTIC COAST LINE RAILROAD COMPANY, A CORPORATION, DEFENDANT IN ERROR

Fla. | 1931-09-30
Buford, C.J., and Whitfield, Ellis, Terrell, Brown and Davis, J.J., concur.
102 Fla. 1060 Florida Supreme Court (1931) Positive Treatment
Also reported at: 137 So. 388
Cited by 6 cases

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Synopsis

The Florida Supreme Court affirmed a lower court's decree due to an equal division among the justices, establishing a precedent for affirming judgments when the court is permanently deadlocked.

Holding

Yes, when the court is permanently and equally divided in opinion and there is no prospect of change, the decree of the lower court should be affirmed.

Key Quotes

“When the members of the Supreme Court, sitting six members in a body and after full consultation, it appears that the members of the Court are permanently and equally divided in opinion as to whether the decree should be affirmed or reversed, and there is no prospect of an immediate change in the personnel of the Court, the decree should be affirmed”

This quote explains the rule applied by the court when justices are equally divided.

Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.

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Facts & Procedural History

The case involved an appeal to the Florida Supreme Court. The court's six justices were equally divided on whether to affirm or reverse the lower cour…

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Opinion of the Court
Per Curiam.

Per Curiam.

— In this cause Mr. Chief Justice Buford, Mr. Justice Whitfield and Mr. Justice Davis are of opinion that the judgment of the Circuit Court should be reversed, While Mr. Justice Ellis, Mr. Justice Terrell and Mr. Justice Brown are of opinion that the said judgment should be affirmed. When the members of the Supreme Court, sitting six members in a body and after full consultation, it appears that the members of the Court are permanently and equally divided in opinion as to whether the decree should be affirmed or reversed, and there is no prospect of an immediate change in the personnel of the Court, the decree should be affirmed; therefore it is considered, ordered and adjudged under the authority of State ex rel. Hampton v. *1061McClung, 47 Fla. 224, 37 So. R. 51, that the decree of the Circuit Court in this cause be and the same is hereby affirmed.

Affirmed.

Buford, C.J., and Whitfield, Ellis, Terrell, Brown and Davis, J.J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Gordon v. State, 104 So. 2d 524 (Fla. 1958)
    …ion of perjury consists of procuring or inducing another person to commit the crime. See Wharton’s Criminal Law and Procedure, Vol. 3, Sec. 1321; •Clark and Marshall, Crimes, (5th ed.) p. .■652, Sec. 446(h). Also see Milligan v. State, 103 Fla. 295, 137 So. 388. An essential element of subornation of perjury is the actual commission of the crime of perjury. The authorities are not entirely in accord as to whether conviction of the perjurer is a condition precedent to conviction of one who suborns the perju…
  • Anderson v. State, 134 Fla. 290 (Fla. 1938)
    …ter oaths was considered in the cases of Collins v. State, 33 Fla. 446, 15 So. 220; Wilds v. State, 79 Fla. 575, 84 So. 664; Campbell v. State, 92 Fla. 775, 129 So. 809; Crockett v. Cassels, 95 Fla. 851, 116 So. 865; Milligan v. State, 103 Fla. 295, 137 So. 388; Craft v. State, 42 Fla. 567, 29 So. 418. The power or authority to administer an oath is not material in the case at bar because on the record it is assumed that the alleged crime was committed in the Justice of the Peace District of Dade County w…
  • White v. State, 126 Fla. 760 (Fla. 1937)
    …ins v. State, 33 Fla. 446; Wilds v. State, 79 Fla. 575, 84 So. 664; Campbell v. State, supra; United States v. Curtis, 107 U. S. 671, 2 Sup. Ct. Rep. 507, 27 L. Ed. 534; Crockett v. Cassels, 95 Fla. 852, 116 So. 865; Milligan v. State, 103 Fla. 295, 137 So. 388. The judgment below is accordingly reversed. Reversed. Ellis, P. J., and Buford, J., concur. Whitfield, C. J., and Brown and Davis, J. J., concur in the opinion and judgment.…

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