SWEETLAND
v.
SWEETLAND
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The Florida Supreme Court affirmed a lower court's decree due to an equal division among the justices, establishing a precedent for affirming decisions when the court is equally divided.
When the members of the Supreme Court are permanently and equally divided in opinion and there is no prospect of immediate change in the court's personnel, the decree of the lower court 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”
This quote explains the court's rule for handling cases with an equally divided bench.
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Join FLexlaw to unlock all legal intelligenceThe case involved a decree from the Circuit Court. The Florida Supreme Court, consisting of six justices, was equally divided in its opinion regarding…
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This cause coming on to be further considered *Page 1266 upon a petition for rehearing filed by the Appellant, and Mr. Justice Whitfield, Mr. Justice Ellis and Mr. Justice Terrell being of the opinion that the decree of the Circuit Court should be affirmed, while Mr. Chief Justice Buford, Mr. Justice Brown and Mr. Justice Davis are of opinion that said decree should be reversed; it is therefore ordered by the Court that the decree of the Circuit Court in this cause be and the same is hereby affirmed.
All concur.
In this case Mr. Chief Justice Terrell, Mr. Justice Whitfield and Mr. Justice Ellis are of opinion that the decree of the Circuit Court should be affirmed, while Mr. Justice Strum, Mr. Justice Brown and Mr. Justice Buford are of the opinion that the decree 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 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. McClung, 47 Fla. 224, 37 South. Rep. 51, that the decree of the Circuit Court in this cause be and the same is hereby affirmed.
ON REHEARING. Decision filed March 24, 1931.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (29 total)
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Newman v. The Equitable Life Assurance Soc'y of the United States, 119 Fla. 641 (Fla. 1935)…e instrument is executed and acknowledged as required by the statutes of the State for mortgages of estates held by the entireties. In Hodges v. Price, 18 Fla. 342, the mortgage was to secure a void note of the wife. See Blood v. Hunt, 97 Fla. 551, 121 So. 886; Sec. 5686 (3813) C. G. L.; Dzialynski v. Bank of Jacksonville, 23 Fla. 346, 2 So. 696. Affirmed. Brown and Davis, J. J., concur. Ellis, P. J., and Terrell and Buford, J. J., concur in the opinion and judgment.…
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Matthews v. Jewel Weldon McCain, 125 Fla. 840 (Fla. 1936)…ot been made a free dealer under Sections 5024-5028 C. G. L. has no power to make a contract that would be legally binding on her personally except as her rights are affected by Article XI, Section 2, of the Constitution. Blood v. Hunt, 97 Fla. 551, 121 So. 886; Sumner v. Osborne, 101 Fla. 742, 135 So. 513. To bind her separate statutory property for the husband’s debts, the married woman must give her consent by some instrument in writing executed according to the law respecting conveyances by married wom…
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Oates v. The Prudential Ins. Co. of Am., 107 Fla. 224 (Fla. 1932)…cannot avail itself of an acceleration clause in an invalid mortgage so as to render immediately due and payable an indebtedness evidenced by a note signed by the husband and wife. Appellants rely upon the following from Blood vs. Hunt, 97 Fla. 551, 121 So. 886: “Even if this were a case in which the Constitution authorizes the married woman’s separate real and personal property to be charged in equity and sold for the price of property purchased by her, and if the allegations of the bill of complaint be s…
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