WILLIAM L. BROOKS
v.
STATE
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The Florida Supreme Court affirmed a lower court's judgment due to an equal division among the justices. This outcome is mandated when the court is equally divided and there's no prospect of resolution.
When the members of the Supreme Court are permanently and equally divided in opinion as to whether a judgment should be affirmed or reversed, and there is no prospect of an immediate change in the Court's personnel, 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 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”
Establishes the rule for disposition when the court is equally divided.
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Join FLexlaw to unlock all legal intelligenceThe case involved an appeal to the Florida Supreme Court. The seven justices were equally divided on whether to affirm or reverse the lower court's ju…
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In this cause Mr. Chief Justice Terrell, Mr. Justice Brown and Mr. Justice Thomas are of opinion that the Judgment of the Circuit Court should be affirmed while Mr. Justice Whitfield, Mr. Justice Buford and Mr. Justice Chapman are of opinion that the said Judgment should be reversed. 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; therefore it is considered, ordered and adjudged under the authority of State ex rel. Hampton v. McClung, 47 Fla. 224, 37 So. R. *80451, that the judgment of the Circuit Court 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.
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Citator
Authorities Cited
- The State of Fla. ex rel. Hiram J. Hampton v. McClung, 47 Fla. 224 (Fla. 1904)