T. R. LEE, 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 a precedent for affirming judgments when the court is equally divided with no prospect of change.
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.
“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.”
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 where the Florida Supreme Court justices were equally divided on whether to affirm or reverse the Circuit Court's judgment…
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Per Curiam.
In this cause Mr. Chief Justice Terrell, Mr. Justice Whitfield and Mr. Justice Brown are of the opinion that the judgment of the Circuit Court should be affirmed, while Mr. Justice Ellis, Mr. Justice Strum and Mr. Justice Buford are of 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.
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Citator
Authorities Cited
- The State of Fla. ex rel. Hiram J. Hampton v. McClung, 47 Fla. 224 (Fla. 1904)