C. S. YOUNG CONSTRUCTION COMPANY, A CORPORATION, APPELLANT,
v.
TOWN OF ORANGE PARK, A MUNICIPAL CORPORATION, C. T. MARSHALL, WILLIAM L. KNAPP AND............ KNAPP, HIS WIFE, WILLIAM REGISTER AND IRENE REGISTER, HIS WIFE, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court affirmed an order due to an equally divided court, establishing a precedent for affirming orders when the court is permanently divided in opinion.
When the members of the Supreme Court are permanently and equally divided in opinion, the order of the lower court should be affirmed.
“In this cause Mr. Chief Justice Davis,Mr. Justice Whitfield and Mr. Justice Terrell are of opinion that the order herein should be reversed, while Mr. Justice Ellis, Mr. Justice Brown and Mr. Justice Buford are of opinion that the said order should be affirmed.”
This quote illustrates the equal division among the justices.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe case involved an appeal where the six justices of the Florida Supreme Court were equally divided on whether to affirm or reverse the lower court's…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
In this cause Mr. Chief Justice Davis,Mr. Justice Whitfield and Mr. Justice Terrell are of opinion that the order herein should be reversed, while Mr. Justice Ellis, Mr. Justice Brown and Mr. Justice Buford are of opinion that the said order 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 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 under the authority of State ex rel. Hampton v. McClung, 47 Fla. 224, 37 So. R. 51, that the order of the Circuit Court in this cause be and the same is hereby affirmed.
Affirmed.
Davis, C. J., and Whitfield, Ellis, Terrell, 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)