BERTHA E. SPINNEY, A WIDOW,
v.
F. W. GRAHAM AND ATLANTIC COAST LINE RAILROAD COMPANY
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The Florida Supreme Court affirmed a lower court's order granting a new trial because the justices were equally divided on whether to affirm or reverse the decision. This equal division resulted in an affirmance by operation of law.
When the Florida Supreme Court is equally divided and cannot reach a majority decision, the judgment of the lower court is 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 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 involves an appeal from a judgment of the Circuit Court. The specific facts leading to the original judgment or the grounds for the new trial…
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In this cause Mr. Chief Justice Terrell, Mr. Justice Buford and Mr. Justice Thomas are of the opinion that the judgment of the Circuit Court should be reversed and the cause remanded, while Mr. Justice Whitfield, Mr. Justice Brown and Mr. Justice Chapman are of opinion that the said 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 *443opinion 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 v. McClung, 47 Fla. 224, 37 So. R. 51, that the order of the Circuit Court granting a new trial in this cause be and the same is hereby affirmed.
Affirmed.
Terrell, C. J., and Whitfield, Brown, Buford, Chapman and Ti-iomas, 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)