J. C. MILLNER, ALIAS J. C. MILINNER, ALIAS JACK MILINNER, ALIAS J. C. MILNER, PLAINTIFF IN ERROR,
v.
ELLEN MILLINER HAMPSHIRE, ALIAS. ELLEN MILINER HAMPSHIRE, ALIAS ELLEN MILNER HAMPSHIRE, AND FRED HENRY HAMPSHIRE, HER HUSBAND, DEFENDANTS IN ERROR
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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 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.
“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.”
This quote states the core legal principle applied by the court to resolve the deadlock.
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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…
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Per Curiam.
In this cause Chief Justice Terrell, Mr. Justice Whitfield and Mr. Justice Ellis are of the opinion, that the decree of the circuit court should be affirmed. Mr. Justice Buford, Mr. Justice Strum and Mr. Justice Brown are of the opinion that the said decree should be reversed. 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, that the decree of the circuit court in this cause be, and the same is, on authority of State ex rel. Hampton v. McClung, 47 Fla. 224, 37 So. R. 51, 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)