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.
When 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.
“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 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 and Mr. Justice Strum are of opinion that said judgment *1388should 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, 37 So. R. 51, that the judgment of the circuit court in this cause be and the same is hereby affirmed.
Terrell, C. J., and Wi-iiteield, Ellis, Strum, Brown and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (28 total)
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Boatright v. The City of Jacksonville, 117 Fla. 477 (Fla. 1934)…292, 144 Sou. Rep. 666; Gulf View Apartments v. City of Venice, 108 Fla. 41, 145 Sou. Rep. 842; Cochrane v. Town of Boca Raton, 112 Fla. 177, 150 Sou. Rep. 611; Ridgeway v. Peacock, 100 Fla. 1297, 131 Sou. Rep. 140; Ridgeway v. Reese, 100 Fla. 1304, 131 Sou. Rep. 136; Hackney v. McKenny (on rehearing), 113 Fla. 189, 151 Sou. Rep. 529. In the case last cited it was definitely held that under the laws of Florida “Whether [*509] * * * property was duly assessed or not, it was subject to the statutory lien for all a…
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Milton v. City of Marianna, 107 Fla. 251 (Fla. 1932)…t city officials are undertaking to place the enforcement of delinquent city taxes upon the chancery courts. This point as to the foreclosure method appears to be substantially answered in the rather recent case of Ridgeway v. Reese, 100 Fla. 1304, 131 So. 136, as follows: “A [*259] property owner is not injured by and cannot justly or legally resist statutory methods of enforcing tax liens by foreclosure proceeding when due process is afforded and a reasonable opportunity is given to redeem before or dur…
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First Tr. & Sav. Bank v. W. Lake Inv. Co., 105 Fla. 590 (Fla. 1932)…urteenth Amendment to the Federal Constitution and the classification appears reasonable. Questions in most respects like those involved in this case have been determined adversely to the appellant in the cases of Ridgeway vs. Reese, 100 Fla. 1387, 131 Sou. 136; Ridgeway vs. Peacock, 100 Fla. 1297, 131 Sou. 140, and Poekel vs. Dowling, et al., 101 Fla. 1171, 132 So. 836. Lee vs. Keogh, decided at the present term. For the reasons stated, the order appealed from should be affirmed and it is so ordered. Af…
Previewing 3 of 28 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The State of Fla. ex rel. Hiram J. Hampton v. McClung, 47 Fla. 224 (Fla. 1904)