J. THOMAS GURNEY, ET AL., AS MEMBERS OF AND CONSTITUTING THE COUNTY BUDGET COMMISSION OF ORANGE COUNTY,
v.
STATE, EX REL. CARY D. LANDIS, AS ATTORNEY GENERAL
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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 permanently and equally divided.
Yes, when the members of the Supreme Court are permanently and equally divided in opinion and there is no prospect of change, the judgment of the lower court should be affirmed.
“In this case Mr. Chief Justice Whitfield, Mr. Justice Terrell and Mr. Justice Davis are of the opinion that the judgment of the Circuit Court should be reversed, while Mr. Presiding Justice Ellis and Mr. Justice Brown and Mr. Justice Buford are of the opinion that the said judgment should be affirmed.”
Describes the division among the justices.
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In this case Mr. Chief Justice Whitfield, Mr. Justice Terrell and Mr. Justice Davis are of the opinion that the judgment of the Circuit Court should be reversed, while Mr. Presiding Justice Ellis and Mr. Justice Brown and Mr. Justice Buford are of the opinion that the said judgment 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 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 under the authority of State, ex rel. Hampton, v. McClung, 47 Fla. 224, 37 So. Rep. 51, that the judgment 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.
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)