L. L. JOHNS, AS SHERIFF OF LEVY COUNTY, FLORIDA, AND A. H. ELLZEY, PLAINTIFFS IN ERROR,
v.
JOE WILKERSON, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a lower court's judgment due to an even split among the justices, citing precedent for affirmance in such cases.
The judgment of the trial court is affirmed because the Florida Supreme Court was equally divided on the issue.
“In this case the Chief Justice, Mr. Justice Whitfield and Mr. Justice Buford are of the opinion that the judgment entered by the trial court to which the writ of error herein addressed should be affirmed while Mr. Justice Terrell, Mr. Justice Strum and Mr. Justice Brown are of the opinion that said judgment should be reversed; and there being no prospect of a change of judicial opinion, the judgment will be affirmed on the authority of State ex rel. Hampton v. McClung, 47 Fla. 224, 37 South. Rep. 51; Pensacola Electric Co. v. Humphreys, 61 Fla. 389, 54 South. Rep. 452; Quigg, Chief of Police v. Radel, 86 Fla. 197, 97 South. Rep. 380, and State ex rel, Ames v. Hamwey, 87 Fla. 55, 100 South. Rep. 796, Yarnell v. Gregory 88 Fla. 91, Broaddus v. Theurer, 92 Fla. —.”
This quote explains the split decision among the justices and the basis for affirming the judgment.
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Per Curiam
In this case the Chief Justice, Mr. Justice Whitfield and Mr. Justice Buford are of the opinion that the judgment entered by the trial court to which the writ of error herein addressed should be affirmed while Mr. Justice Terrell, Mr. Justice Strum and Mr. Justice Brown are of the opinion that said judgment should be reversed; and there being no prospect of a change of judicial opinion, the judgment will be affirmed on the authority of State ex rel. Hampton v. McClung, 47 Fla. 224, 37 South. Rep. 51; Pensacola Electric Co. v. Humphreys, 61 Fla. 389, 54 South. Rep. 452; Quigg, Chief of Police v. Radel, 86 Fla. 197, 97 South. Rep. 380, and State ex rel, Ames v. Hamwey, 87 Fla. 55, 100 South. Rep. 796, Yarnell v. Gregory 88 Fla. 91, Broaddus v. Theurer, 92 Fla. —.
An order will be entered affirming the judgment herein.
All 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)
- Quigg v. Radel, 86 Fla. 197 (Fla. 1923)
- Irwin A. Yarnell v. Gregory, 88 Fla. 91 (Fla. 1924)
- Pensacola Elec. Co. v. Humphreys, 61 Fla. 389 (Fla. 1911)
- State of Fla. ex rel. Ernest Amos v. Hamwey, 87 Fla. 55 (Fla. 1924)