LESLIE L. BRITT, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a lower court's judgment due to an equal division among the justices, establishing a precedent for affirming judgments when the court is equally divided with no prospect of change.
The judgment of the lower court should be affirmed when the appellate court is equally divided and there is no prospect of an immediate change in the court's personnel.
“In this cause Mr. Chief Justice Terrell, Mr. Justice Brown and Mr. Justice Buford are of the opinion that the judgment of the court below should be reversed, while Mr. Justice Whitfield, Mr. Justice Ellis [*1387] and Mr. Justice Strum are of opinion that said judgment should be affirmed.”
Describes the division among the justices.
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Join FLexlaw to unlock all legal intelligenceThe case involved an appeal where the Florida Supreme Court justices were equally divided on whether to affirm or reverse the lower court's judgment. …
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In this cause Mr. Chief Justice Terrell, Mr. Justice Brown and Mr. Justice Buford are of the opinion that the judgment of the court below should be reversed, while Mr. Justice Whitfield, Mr. Justice Ellis *1387and Mr. Justice Strum are of opinion that said judgment should be affirmed. When it appears that the members of the Court are permanently and equally divided in opinion as to whether a 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, 47 So. R. 51, that the judgment of the circuit court in this cause be and the same is hereby affirmed.
Terrell, C. J., and Whitfield, Ellis, Strum, Brown and Buford, 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)