CITY OF TAMPA, APPELLANT,
v.
NICHOLAS FRAY, ET AL., APPELLEES
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The Florida Supreme Court affirmed a lower court decree due to an equal division among the justices, establishing a precedent for affirming decrees in such circumstances.
Yes, when the court is equally divided and there is no prospect of change, the decree should be affirmed.
“Whien the members of the Supreme Court, sitting six members in a body amd 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 court's rule for affirming a decree when the justices are equally divided.
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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, was equally divided in its opin…
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— In this cause Mr. Chief Justice Buford, Mr. Justice Ellis and Mr. Justice Brown are of opinion that the decree in this cause should be affirmed while Mr. Justice Whitfield, Mr. Justice Terrell and Mr. Justice Davis are of opinion that the said decree should be reversed. Whien the members of the Supreme Court, sitting six members in a body amd 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. McOlung, 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.
Buford, C.J., and Whitfield, Ellis, Terrell, Brown and Davis, 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)