EDD BLACK, PLAINTIFF IN ERROR,
v.
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, a situation where the court's precedent dictates affirmation.
When the members of the Supreme Court are permanently and equally divided in opinion, the judgment of the lower court should be affirmed.
“In this cause Mr. Chief Justice Buford, Mr. Justice Brown and Mr. Justice Davis are of opinion that the judgment of the Circuit Court should be reversed, while Mr. Justice Whitfield, Mr. Justice Ellis and Mr. Justice Terrell are of opinion that said judgment should be affirmed.”
This quote establishes the equal division among the justices.
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Join FLexlaw to unlock all legal intelligenceThe case involved an appeal of a judgment from the Circuit Court. The Florida Supreme Court, consisting of six justices, was equally divided on whethe…
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In this cause Mr. Chief Justice Buford, Mr. Justice Brown and Mr. Justice Davis are of opinion that the judgment of the Circuit Court should be reversed, while Mr. Justice Whitfield, Mr. Justice Ellis and Mr. Justice Terrell are of opinion that 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.
*16Affirmed.
Buford, C.J., and Whitfield, Ellis, Terrell, Brown and Davis, J.J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (17 total)
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City OF Tampa v. The Tex. Co., 107 So. 2d 216 (Fla. 2d DCA 1958)…rd damages for depreciation of value of land not taken. State Road Department of Florida v. Zetrouer, 1932, 105 Fla. 650, 142 So. 217; Worth v. City of West Palm Beach, 1931, 101 Fla. 868, 132 So. 689; Doty v. City of Jacksonville, 1932, 106 Fla. 1, 142 So. 599. In Orgel, Valuation under Eminent Domain, Vol. 1, page 253 (2d ed. 1953), the following appears: “Section 54. Distinction between Damages Due and Damages Not Due to the Taking of the Owner’s Property. “The courts have all recognized that the dep…
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State Rd. Dep't of Fla. v. Chicone, 158 So. 2d 753 (Fla. 1963)…f the principle that value, as the measure of compensation, should be based on the highest and best use to which the property is being, or might reasonably be, put. Yoder v. Sarasota County, supra, and Doty v. City of Jacksonville, 1932, 106 Fla. 1, 142 So. 599, 601. Only by observing this rule is the property owner made pecuniarily whole by being fairly compensated for that which is taken from him. There can be no doubt that the threat of condemnation restricts the owner’s economic use of property in the…
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Meyers v. City OF Daytona Beach, 158 Fla. 859 (Fla. 1947)…equires that full compensation must be made. Full compensation means nothing less than payment for that which the property owner is being deprived of. See Brown et al v. Town of Eustis, Florida 293 Fed. 197; Doty v. City of Jacksonville, 106 Fla. 1, 142 So. 599. As to parcel No. 15, the verdict was for $360.00 whereas the lowest value fixed by any witness was $400.00. The award falls far short of full compensation and must be reversed. The award must be sustained by evidence. The jurors may view the prope…
Previewing 3 of 17 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)