CATHERINE F. BACKUS, ET VIR.,
v.
GENERAL PUBLIC UTILITIES COMPANY, AND GENERAL PUBLIC UTILITIES, INC.
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The Florida Supreme Court affirmed a lower court's judgment due to an equally divided court. When the six justices could not agree on whether to reverse or affirm, the tie resulted in an affirmation of the lower court's decision.
When the members of the Supreme Court are permanently and equally divided in opinion, and there is no prospect of an immediate change in the personnel of the Court, the judgment 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 are permanently and equally divided in opinion as to whether the judgment should be affirmed or reversed, and there is no prospect of an immediate change in the personnel of the Court, the judgment should be affirmed”
This quote explains the rule applied by the court when faced with an equally divided bench.
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Join FLexlaw to unlock all legal intelligenceThe case involved an appeal to the Florida Supreme Court. The six justices of the court were equally divided on the question of whether to affirm or r…
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In this cause Mr. Chief Justice Terrell, Mr. Justice Buford and Mr. Justice Chapman are of the opinion that the judgment of the Circuit Court should be reversed while Mr. Justice Whitfield, Mr. Justice Brown and Mr. Justice Thomas are of the opinion that the said judgment should be affirmed. When the members of the *2Supreme Court, sitting six members in a body and after full consultation, it appears that the members are permanently and equally divided in opinion as to whether the judgment should be affirmed or reversed, and there is no prospect of an immediate change in the personnel of the Court, the judgment should be affirmed; therefore it is considered, ordered and adjudged under the authority of State, ex rel. Hampton vs. McClung, 47 Fla. 224, 37 So. R. 51, that the judgment of the Circuit Court in this case be and the same is hereby affirmed.
Affirmed.
Terrell, C. J., and 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)