ATLANTIC COAST LINE RAILROAD COMPANY
v.
LEE ANDERSON
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The Florida Supreme Court affirmed a lower court's judgment due to an equal division among its six justices, indicating a deadlock in opinion. This outcome highlights the procedural mechanism for resolving such ties in appellate courts.
When the members of the Supreme Court are permanently and equally divided in opinion, and there is no prospect of an immediate change in the Court's personnel, 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 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 to the Florida Supreme Court. The six justices of the court were equally divided in their opinions regarding whether to af…
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In this cause Mr. Chief Justice Whitfield, Mr. Justice Buford, and Mr. Justice Davis are of the opinion that the judgment of the Circuit Court should be affirmed, while Mr. Justice Ellis, Mr. Justice Terrell and Mr. Justice Brown are of the opinion that the said judgment 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 *786permanently 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.
Whitfield, C. J., and Ellis, Terrell, Brown, Buford, and Davis, 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)