W. H. TUNNICLIFFE, AS LIQUIDATOR OF ORLANDO BANK & TRUST COMPANY, APPELLANT,
v.
THE CUDAHY PACKING COMPANY, A CORPORATION, APPELLEE
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The Florida Supreme Court affirmed a lower court's decree due to an equal division among the justices, a situation where the court's precedent dictates affirmation.
The court held that when the justices are permanently and equally divided in opinion and there is no prospect of immediate change, the decree of the lower court 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 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 explains the rule applied by the court when justices are equally divided.
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Join FLexlaw to unlock all legal intelligenceThe case involved an appeal of a decree from the Circuit Court. The Florida Supreme Court, consisting of six justices, was equally divided in its opin…
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In this cause Mr. Justice Terrell, Mr. Justice BrowN and Mr. Justice Buford are of the opinion that the decree of the Circuit Court should be affirmed, while Mr. Chief Justice Davis, Mr. Justice Whitfield and Mr. Justice Ellis are of the opinion that the said decree should be reversed. 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 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.
Affirmed.
Davis, C. J., and Whitfield, Ellis, Terrell, 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)