ATLANTIC COAST LINE RAILROAD COMPANY, PLAINTIFF IN ERROR,
v.
C. A. VELEY, 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 permanently deadlocked.
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.
“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.”
This quote states the rule for affirming a judgment when the court is equally divided.
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Join FLexlaw to unlock all legal intelligenceThe case involved an appeal where the justices of the Florida Supreme Court were equally divided on whether to affirm or reverse the lower court's jud…
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In this cause Mr. Chief Justice Terrell, Mr. Justice Ellis and Mr. Justice Buford are of opinion that the judgment of the court below should be reversed while Mr. Justice Whitfield, Mr. Justice Strum and Mr. Justice Brown are of opinion that said judgment should 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. *1696Therefore 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
Authorities Cited
- The State of Fla. ex rel. Hiram J. Hampton v. McClung, 47 Fla. 224 (Fla. 1904)