L. R. POWELL, JR., AND HENRY W. ANDERSON, AS RECEIVERS OF SEABOARD AIR LINE RAILWAY COMPANY, PLAINTIFFS IN ERROR,
v.
ANTONIO RODRIGUEZ, A MINOR, BY HIS NEXT FRIEND, G. LARUSSA, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a lower court's judgment due to an equal division among the justices, meaning there was no majority to reverse the decision. This outcome highlights the procedural rule for resolving equally divided appellate courts.
The judgment of the circuit court is affirmed because the Florida Supreme Court was equally divided, with three justices voting to affirm and three voting to reverse.
“In this cause Mr. Chief Justice Terrell and Mr. Justice Whitfield and Mr. Justice Thomas are of the opinion that the judgment of the circuit court should be reversed while Mr. Justice Brown, Mr. Justice Buford and Mr. Justice Chapman are of the opinion that the judgment should be affirmed.”
This quote establishes the equal division among the justices.
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In this cause Mr. Chief Justice Terrell and Mr. Justice Whitfield and Mr. Justice Thomas are of the opinion that the judgment of the circuit court should be reversed while Mr. Justice Brown, Mr. Justice Buford and Mr. Justice Chapman are of the opinion that the judgment should be affirmed. When the members of the Surpeme Court, sitting six members in r 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.
*496Affirmed.
Terrell, C. J., Whitfield, P. J., 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)