THOMAS J. O'DELL
v.
S. E. STONE, SHERIFF

Fla. | 1933-11-13
Davis, C. J., and Whitfield, Ellis, Terrell, BrowfI and Buford, J. J., concur.
112 Fla. 679 Florida Supreme Court (1933)
Also reported at: 150 So. 883

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Florida Supreme Court affirmed a lower court's decision to reduce bail, with the court equally divided on whether the bail amount was excessive. The case highlights the impact of judicial division on case outcomes.


Holding

The Court was equally divided on the issue, with three justices believing the bail was excessive and three believing the Circuit Court's judgment should not be disturbed. Consequently, the judgment was affirmed.


Key Quotes

“In this case Mr. Chief Justice Davis, Mr. Justice Ellis and Mr. Justice Buford are of the opinion that the amount of bail' fixed by. the Circuit Judge' at $25,000.00, on the record as here made, is' excessive and unwarranted by the facts and circumstances appearing of record as the basis for the Circuit Judge’s judgment reducing the County Judge’s bail fixed at $50,000.00 to the amount of the Circuit Court’s order fixing bail .at $25,000.00.”

Describes the opinion of three justices who found the bail excessive.

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Facts & Procedural History

The County Judge initially set bail at $50,000.00. The Circuit Judge subsequently reduced this bail to $25,000.00. The record of the facts and circums…

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Opinion of the Court
Per Curiam.

Per Curiam.

In this case Mr. Chief Justice Davis, Mr. Justice Ellis and Mr. Justice Buford are of the opinion that the amount of bail' fixed by. the Circuit Judge' at $25,000.00, on the record as here made, is' excessive and unwarranted by the facts and circumstances appearing of record as the basis for the Circuit Judge’s judgment reducing the County Judge’s bail fixed at $50,000.00 to the amount of the Circuit Court’s order fixing bail .at $25,000.00. Mr. Justice Whitfield, Mr. Justice Terrell and Mr. Justice Brown are of the opinion that the judgment of the Circuit Court should not be disturbed. In these circumstances the judgment must be affirmed by an equal division of the Court and it is so ordered.

Affirmed.

Davis, C. J., and Whitfield, Ellis, Terrell, BrowfI and Buford, J. J., concur.


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