IN RE: ESTATE OF MATO BELIN, DECEASED, EDNA DELONIS BELIN
v.
FRANK BELIN, ET AL.
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The Florida Supreme Court affirmed a lower court's decree because the justices were equally divided on whether to affirm or reverse, a situation where the court's precedent dictates affirmation.
The decree of the Circuit Court should be affirmed.
“When the members of the Supreme Court sitting six members in a body and after full consideration, 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 court's rule for handling cases where the justices are equally divided.
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 involves an appeal of a decree from the Circuit Court. The Florida Supreme Court heard the case, with six justices participating in the decis…
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In this cause Mr. Justice Buford, Mr. Justice Brown and Mr. Justice Chapman are of the opinion that the decree in this cause should be reversed while Mr. Justice Terrell, Mr. Justice Whitfield and Mr. Justice Ti-iomas are of the opinion that the said decree should be affirmed. When the members of the Supreme Court sitting six members in a body and after full consideration, 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; therefore it is considered, ordered and decreed 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., Wi-iitfield, Brown, Buford, Chapman and Thomas, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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In re Johns' Estate, 6 Fla. Supp. 46 (Palm Beach Cty. J. Ct. 1954)…re the court for a decision. After hearing the testimony of the witnesses and oral argument, exhaustive briefs on the points of law involved were filed by counsel for the respective parties. This case is very similar to In re Belin’s Estate (Fla.), 194 So. 333, tried before this court in 1937. In the Belin case the decedent had been previously married and divorced and gave as his reason for not making his common law marriage public, as stated in his own language to one of the witnesses — “Because I am a C…
Authorities Cited
- The State of Fla. ex rel. Hiram J. Hampton v. McClung, 47 Fla. 224 (Fla. 1904)