MAMIE SHEFFIELD, PLAINTIFF IN ERROR,
v.
STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a lower court's judgment due to an equal division among the justices, establishing that an equally divided court results in an affirmance.
When the members of the 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 personnel of the Court, the judgment should be affirmed.
“In this cause Mr. Chief Justice Terrell, Mr. Justice Ellis and Mr. Justice Brown are of the opinion that the judgment of the circuit court should be affirmed, while Mr. Justice Whitfield, Mr. Justice Strum and Mr. Justice Buford are of the opinion that the said judgment should be reversed.”
Describes the division of the court.
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Join FLexlaw to unlock all legal intelligenceThe case involved an appeal from a circuit court judgment. The Florida Supreme Court was composed of six justices, with three voting to affirm the jud…
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Per Curiam.
In this cause Mr. Chief Justice Terrell, Mr. Justice Ellis and Mr. Justice Brown are of the opinion that the judgment of the circuit court should be affirmed, while Mr. Justice Whitfield, Mr. Justice Strum and Mr. Justice Buford are of the opinion that the said judgment should be reversed. When it' appears that the members of the 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 personnel of the Court, the judgment should be affirmed. Therefore, it is considered, ordered and adjudged that the judgment of the circuit court in this cause be and the same is hereby affirmed on the authority of State ex rel. Hampton v. McClung, 47 Fla. 224, 37 So. R. 51.
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)