NORMANDY BEACH PROPERTIES CORPORATION, A CORPORATION, APPELLANT,
v.
L. J. NORRIS AND DELLORA A. NORRIS, HIS WIFE, APPELLEES
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.
The Florida Supreme Court affirmed an order from the Circuit Court due to an equal division among the justices. This case highlights the procedural rule that an equally divided court results in an affirmation of the lower court's decision.
The order of the Circuit Court is affirmed because the members of the court are permanently and equally divided in opinion, with no prospect of immediate change in the court's personnel.
“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 explains the rule applied by the court when there is an equal division among the justices.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe case involved an appeal from an order issued by the Circuit Court. The Florida Supreme Court heard the appeal, with a split decision among its mem…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
— In this cause Mr. Chief Justice Terrell, Mr. Justice Whitfield and Mr. Justice Brown are of the opinion that the order of the Circuit Court should be reversed, while Mr. Justice Ellis, Mr. Justice Strum and Mr. Justice Buford are of the opinion that the said order-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. Therefore, it is considered, -ordered and adj udged that the order 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.
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)