DAVID E. ELLIOTT, JR., AN INCAPACITATED ADULT BY AND THROUGH HIS GUARDIAN, BARBARA V. ELLIOTT, BARBARA V. ELLIOTT, INDIVIDUALLY, PLAINTIFFS-APPELLEES,
v.
UNITED STATES OF AMERICA, DEFENDANT-APPELLANT
DAVID E. ELLIOTT, JR., AN INCAPACITATED ADULT BY AND THROUGH HIS GUARDIAN, BARBARA V. ELLIOTT, BARBARA V. ELLIOTT, INDIVIDUALLY, PLAINTIFFS-APPELLEES,
UNITED STATES OF AMERICA, DEFENDANT-APPELLANT
37 F.3d 617
Court of Appeals for the Eleventh Circuit (1994)
Negative Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM: Prior Report: 13 F. 3d 1555 The judges of the en banc court are equally divided on the proper disposition of this case. Therefore, the judgment of the district court is AFFIRMED by operation of law. See, e.g., Smith v. Zant, 887 F. 2d 1407, 1408 (11th Cir.1989); Reshard v. Britt, 839 F. 2d 1499 (11th Cir.1988).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Whitley v. United States, 170 F.3d 1061 (11th Cir. 1999)…e allowed FTCA recovery although injuries to a service member occurred on a military reservation. See id. at 1013-15; see also Elliott ex rel. Elliott v. United States, 877 F.Supp. 1569, 1576 (M.D.Ga.1992), aff'd by an equally divided en banc court, 37 F. 3d 617, 618 (11th Cir.1994) (per curiam) (permitting FTCA action where off-duty serviceman watching television in his military housing on base suffered permanent, debilitating injuries from carbon monoxide poisoning because the Army had failed to maintain…
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Dall v. United States, 42 F. Supp. 2d 1275 (M.D. Fla. 1998)…ed its opinion, per curiam, stating that the judges of the en banc court were equally divided on the disposition of the case and that the judgment of the district court was thus affirmed by operation of law. See Elliott v. United States, 37 F.3d 617, 618 (11th Cir.1994). The en banc court did not reinstate, or otherwise in any way approve of, the original panel decision. See id. In fact, the split of the en banc court in Elliott strongly suggests that half of the Judges of the Eleve…
Authorities Cited
- Smith v. Zant, 887 F.2d 1407 (11th Cir. 1989)
- Reshard v. Britt, 839 F.2d 1499 (11th Cir. 1988)
- Elliott v. Elliott, 13 F.3d 1555 (11th Cir. 1994)