MARTHA GRADY, APPELLANT,
v.
NINA M. GRADY, APPELLEE
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The Florida Supreme Court affirmed a lower court's order due to an equal division among the justices, establishing a precedent for affirming judgments when the court is equally divided.
When the members of the Supreme 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 court's personnel, the judgment 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 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 establishes 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 from an order of the circuit court. The seven justices of the Florida Supreme Court were equally divided on whether to aff…
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Per Curiam.
The Chief Justice, Mr. Justice Whitfield and Mr. Justice Ellis are of opinion that the order of the circuit court in this cause should be reversed and the cause remanded for appropriate proceedings; Mr. Justicé Strum, Mr. Justice Brown and Mr. Justice Buford are of the opinion that the 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 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; 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 judgment 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.
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Citator
Authorities Cited
- The State of Fla. ex rel. Hiram J. Hampton v. McClung, 47 Fla. 224 (Fla. 1904)