MRS. LILLY F. BIEHN, AND HER HUSBAND, J. A. BIEHN, APPELLANTS,
v.
H. C. THOMPSON, APPELLEE
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 a lower court's decree due to an equal division among the justices, establishing a precedent for affirming decisions when the court is permanently deadlocked.
When the court is permanently and equally divided in opinion, and there is no prospect of immediate change in the court's personnel, the decree of the lower court should be affirmed.
“In this cause the Chief Justice, Mr. Justice Ellis and Mr. Justice Strum are of opinion that the decree of the Circuit Court should be reversed. Mr. Justice Whitfield, Mr. Justice Brown arid Mr. Justice Buford are of opinion that said decree should be affirmed.”
Describes 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 of a decree from the Circuit Court. The justices of the Florida Supreme Court were equally divided on whether to affirm or…
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.
Per Curiam.
In this cause the Chief Justice, Mr. Justice Ellis and Mr. Justice Strum are of opinion that the decree of the Circuit Court should be reversed. Mr. Justice Whitfield, Mr. Justice Brown arid Mr. Justice Buford are of opinion that said decree should be affirmed. When it appears that the members of the Court are permanently and equally divided in opinion as to whether a decree should be affirmed or reversed, and there is no prospect of an immediate change in the personnel of the Court, the decree 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 decree 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)