WILLIAM E. WELLS
v.
JANNETT B. PERRY, AN UNMARRIED WOMAN
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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 decree is affirmed by default.
When the members of the Supreme Court are permanently and equally divided in opinion, and there is no prospect of an immediate change in the court's personnel, the decree of the lower 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 opinion as to whether the decree should be affirmed or reversed, and there is n'o prospect of an immediate change in the personnel of the Court, the decree should be affirmed”
This quote explains the rule for affirming a decree when the court is equally divided.
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Join FLexlaw to unlock all legal intelligenceThe case involved an appeal of a circuit court decree. The Florida Supreme Court, consisting of six justices, was unable to reach a majority decision …
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In this cause Mr. Chief Justice Terrell, Mr. Justice Whitfield, and Mr. Justice Chapman are of the opinion that the decree in this cause should be affirmed while Mr. Justice Brown, Mr. Justice Buford, and Mr. Justice Ti-iomas are of opinion that the said decree should be reversed. 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 decree *500should be affirmed or reversed, and there is n'o 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. 51, that the decree of the circuit court in this cause be and the same is hereby affirmed.
Affirmed.
Terrell, C. J., Whitfield, Brown, Buford, Chapman an'd Thomas, J. J., concur.
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Citator
Authorities Cited
- The State of Fla. ex rel. Hiram J. Hampton v. McClung, 47 Fla. 224 (Fla. 1904)