IDA FRANKLIN HARKAVY
v.
JOSEPH HARKAVY
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The Florida Supreme Court affirmed a circuit court decree due to an equal division among its six justices, meaning no majority could be formed to reverse the lower court's decision. This outcome highlights the procedural consequence of a deadlock in appellate review.
When the Supreme Court is equally divided and no majority can be formed to reverse a decree, 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 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 there is an equal division among the justices.
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Join FLexlaw to unlock all legal intelligenceThe case involved an appeal of a decree from the Circuit Court. The Florida Supreme Court, consisting of six justices, heard the case and deliberated …
The full statement of facts, procedural history, and disposition for this case are member content.
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In this cause Mr. Chief Justice Terrell, Mr. Justice Wi-iitfield and Mr. Justice Chapman are of the opinion that the decree of the Circuit Court should be reversed while Mr. Justice Brown, Mr. Justice Buford and Mr. J ustice Thomas 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 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 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., Whitfield, Brown, Buford, Chapman and Ti-iomas, 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)