W. PRIMO LORD, PLAINTIFF IN ERROR,
v.
J. C. BRAVO, ET AL., DEFENDANTS 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 in such circumstances.
When the Supreme Court is equally divided and there is no prospect of immediate change in the court's composition, the judgment of the lower court should be affirmed.
“In this cause Mr. Chief Justice Buford, /Mr. Justice Whitfield and Mr. Justice Terrell are of opinion that the judgment of the Circuit Court should be reversed, while Mr. Justice Ellis, Mr. Justice Brown, and Mr. Justice Davis are of opinion that the said judgment should be affirmed.”
Describes the division among the justices.
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In this cause Mr. Chief Justice Buford, /Mr. Justice Whitfield and Mr. Justice Terrell are of opinion that the judgment of the Circuit Court should be reversed, while Mr. Justice Ellis, Mr. Justice Brown, and Mr. Justice Davis are of opinion that the 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 samje 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
Authorities Cited
- The State of Fla. ex rel. Hiram J. Hampton v. McClung, 47 Fla. 224 (Fla. 1904)