EUPHEMIA L. KELLIHER, JOINED BY HER HUSBAND PATRICK F. KELLIHER, APPELLANTS,
v.
CITY OF TAMPA, A MUNICIPAL CORPORATION; STONE & WEBSTER, INC., A CORPORATION, DAVIS ISLANDS, INC., A CORPORATION; AND TAMPA SAND & SHELL COMPANY, A CORPORATION, APPELLEES
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The Florida Supreme Court affirmed a lower court's order due to an even split among the justices, establishing a precedent for affirming orders when the court is permanently divided.
When the court is permanently and evenly divided in opinion, and there is no prospect of an immediate change in personnel, the order under review should be affirmed.
“When- it appears that the members of the Court are permanently and evenly divided in opinion as to whether an order should be affirmed or reversed, and there is no prospect of - an immediate change in the personnel of the Court, the order should be affirmed.”
This quote states the rule applied by the court when justices are evenly divided.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellants, Euphemia L. Kelliher and her husband, appealed an order from the circuit court. The case involved multiple appellees, including the Ci…
The full statement of facts, procedural history, and disposition for this case are member content.
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In this cause Mr. Chief Justice Terrell, Mr. Justice Whitfield and Mr. Justice Buford are of opinion that the order appealed from should be affirmed while Mr. Justice Ellis and Mr. Justice Strum and Mr. Justice Brown are of the opinion that the said order should be reversed. When- it appears that the members of the Court are permanently and evenly divided in opinion as to whether an order should be affirmed or reversed, and there is no prospect of - an immediate change in the personnel of the Court, the order should be affirmed. Therefore it is considered, ordered and adjudged by the *1697Court under the authority of State ex rel. Hampton v. McClung, 47 Fla. 224, 34 So. R. 51, that the order of the circuit court in this cause be and the same is hereby affirmed.
Terrell, C. J. and Whitfield, 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)