T. J. PARRISH, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court affirmed a lower court's judgment due to an equal division among its six justices. This situation, where the court is permanently and equally divided, leads to an affirmance under established precedent.
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.
“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”
Establishes the rule for handling an equally divided court.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe case involved an appeal of a judgment from a lower court. The six justices of the Florida Supreme Court were equally divided on whether to affirm …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
In this cause Mr. Chief Justice Buford, Mr. Justice Whitfield and Mr. Justice Brown are of opinion that the judgment in this cause should be affirmed, while Mr. Justice Ellis, Mr. Justice Terrell and Mr. Justice Davis are of opinion that the said judgment should be reversed. 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 vs. McClung, 47 Fla. 224, 37 So. R. 51, that the judgment of the lower 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
-
Chapman v. Parrish, 114 Fla. 612 (Fla. 1934)…petitioner was discharged from custody. The contention of the petitioner was that he had never been adjudicated guilty of the offense for which he was tried and convicted. The judgment in that case was affirmed in this Court. See Parrish v. State, 105 Fla. 430, 141 Sou. 314. The judgment of the court was as follows, to-wit: “Now on this day came in person the defendant T. J. Parrish in open court, and being asked by the Court whether he had anything to say why sentence of the law should nof be pronounced…
Authorities Cited
- The State of Fla. ex rel. Hiram J. Hampton v. McClung, 47 Fla. 224 (Fla. 1904)