H. U. ZIMMERMAN AND FRANK H. ZIMMERMAN, PLAINTIFFS IN ERROR,
v.
CITY OF CORAL GABLES, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a circuit court judgment because the justices were equally divided on whether to reverse or affirm. This equal division resulted in an affirmance under court rules.
When the members of the Supreme Court are equally divided in opinion and there is no prospect of change, the judgment of the circuit 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 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”
Establishes the rule for handling equally divided courts.
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In this cause Mr. Chief Justice Terrell, Mr. Justice Wi-iitfield and Mr. Justice Ci-iapman are of the opinion that the judgment of the circuit court should be reversed, while Mr. Justice Brown, Mr. Justice Buford 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., Wi-iitfield, Brown, Buford, Chapman and Thomas, J. J., concur.
On Rehearing
A rehearing having been granted in this cause and it having been further considered upon the record and upon the briefs of counsel for the respective parties, it is thereupon ordered and adjudged by the Court that the judgment entered herein on February 9, 1940, be and it is hereby reaffirmed and adhered to on rehearing.
Terrell,' C. J., Whitfield, P. J., Brown, Buford, Chapman and Thomas, J. J., concur.
On Rehearing
Per Curiam.
A rehearing having been granted in this cause and it having been further considered upon the record and upon the briefs of counsel for the respective parties, it is thereupon ordered and adjudged by the Court that the judgment entered herein on February 9, 1940, be and it is hereby reaffirmed and adhered to on rehearing.
Terrell,' C. J., Whitfield, P. J., Brown, 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)