H. LESLIE QUIGG, CHIEF OF POLICE, CITY OF MIAMI,
v.
STATE, EX REL. A. B. LEGGETT
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The Florida Supreme Court affirmed a lower court's judgment because the justices were equally divided on whether to affirm or reverse, a situation where the court's precedent dictates affirmation.
The judgment of the Circuit 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 the 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 to the Florida Supreme Court. The Chief Justice and two justices believed the Circuit Court's judgment should be reversed,…
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In the above styled cause, Mr. Chief Justice Terrell, Mr. Justice Buford and Mr. Justice Chapman, are of the opinion that the judgment of the Circuit Court should be reversed, while Mr. Justice Wfiitfield., Mr. Justice Brown and Mr. Justice Thontas are of the *843■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 the 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.
■ Terrell, C. J., and Whitfield, Brown, Buford, Chapman and Thomas, 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)