R. D. ORDERS, PLAINTIFF IN ERROR
v.
M. E. WHITE, AS ADMINISTRATOR OF THE ESTATE OF MRS. LOUISE E. WHITE, DECEASED, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a judgment due to an equal division among its six justices, establishing a precedent for affirming judgments when the court is permanently deadlocked.
When the members of the Supreme Court are permanently and equally divided in opinion as to whether a judgment should be affirmed or reversed, the judgment should be affirmed.
“In this cause Mr. Chief Justice Buford, Mr. Justice Ellis and Mr. Justice Brown are of the opinion that the judgment herein should be reversed, conditioned on remittitur; while Mr. Justice Whitfield, Mr. Justice Terrell and Mr. Justice Davis are of opinion that the said judgment should be affirmed.”
Describes the division among the justices.
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Join FLexlaw to unlock all legal intelligenceThe case involved a judgment from the Circuit Court. The Florida Supreme Court, composed of six justices, heard the appeal. After full consultation, t…
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In this cause Mr. Chief Justice Buford, Mr. Justice Ellis and Mr. Justice Brown are of the opinion that the judgment herein should be reversed, conditioned on remittitur; while Mr. Justice Whitfield, Mr. Justice Terrell and Mr. Justice Davis 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 judgment should be affirmed or reversed, and there is no prospect of an immediate change in the personnel of the Court, the judgment should be affirmed; therefore it is considered, ordered and adjudged under the authority of State ex rel. Hampton v. McClung, 47 Fla. 224, 37 So. R. 51, that the judgment 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
Authorities Cited
- The State of Fla. ex rel. Hiram J. Hampton v. McClung, 47 Fla. 224 (Fla. 1904)