HOMER DENSON
v.
STATE
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The Florida Supreme Court affirmed a circuit court judgment due to an equally divided court. The six justices were split with three voting to reverse and three voting to affirm, leading to an affirmance under established precedent.
The judgment of the circuit court should be affirmed when the Supreme Court is equally divided in its opinion.
“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 said judgment 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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In this cause Mr. Chief Justice Terrell and Mr. Justice Brown and Mr. Justice Buford are of the opinion that the judgment of the circuit court should be *448reversed while Mr. Justice Whitfield and Mr. Justice Chapman and Mr. Justice Thomas are of the opinion that the. 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 said judgment 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 judgment of the circuit court in this cause be, and the same is hereby, affirmed..
Affirmed.
Terrell, C. J., Whitfield, Brown, Buford, Cpiapman and Ti-iomas, J. J., concur.
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Hill v. Lummus, 123 So. 2d 365 (Fla. 3d DCA 1960)…ty will not aid him in extricating himself from the situation he has created. In such circumstance he becomes a victim of his own fraudulent devices and cannot enter a chancery court with clean hands, * * * Tenny v. Hilton Corporation, 140 Fla. 521, 192 So. 180, * * * ” See also Spector v. Ahrenholz, Fla.App. 1958, 107 So. 2d 34; Kahn v. Wilkins, 36 Fla. 428, 18 So. 584; 15 Fla.Jur., Fraudulent Conveyances, § 40. Since the actions of the decedent worked an estoppel against the administrator, he would not…
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Sponholtz v. Sponholtz, 180 So. 2d 497 (Fla. 3d DCA 1965)…proceedings consistent with this decision. . Turk v. Turk, Fla.App.1960, 118 So. 2d 67, 70. . Shaffran v. Holness, Fla.App.1958, 102 So. 2d 35, Brumick v. Morris, 131 Fla. 46, 178 So. 564 (1938). . Tenny v. Hilton Corporation, Inc., 140 Fla. 521, 192 So. 180 (1939). . Rappaport v. Kalstein, 156 Fla. 722, 24 So. 2d 301 (1946).…
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Spector v. Ahrenholz, 107 So. 2d 34 (Fla. 3d DCA 1958)…operty to another for the purpose of hindering or defrauding creditors is without standing in equity and may not maintain a suit to regain such property from the grantee. Kahn v. Wilkins, 36 Fla. 428, 18 So. 584; Tenny v. Hilton Corp., 140 Fla. 521, 192 So. 180; 2 Pomeroy’s Equity Jurisprudence, 5th Ed., § 401a; and see Hauer v. Thum, Fla.1953, 67 So. 2d 643. Appellants contend that this rule is not applicable in the instant case, and they assert that the fact that Ahrenholz induced the making of the deed…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The State of Fla. ex rel. Hiram J. Hampton v. McClung, 47 Fla. 224 (Fla. 1904)