THE FIRST NATIONAL BANK AT ORLANDO
v.
R. L. WILLIAMS
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The Florida Supreme Court affirmed a lower court's decree because the justices were equally divided on whether to affirm or reverse, a situation where the court's precedent dictates affirmation.
When the members of the Supreme Court, sitting as a full body, are permanently and equally divided in opinion as to whether a decree should be affirmed or reversed, and there is no prospect of an immediate change in the court's personnel, the decree 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 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”
Establishes the rule for affirming a decree when the court is equally divided.
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Join FLexlaw to unlock all legal intelligenceThe case involved an appeal of a circuit court decree. The seven justices of the Florida Supreme Court were equally divided, with three voting to reve…
The full statement of facts, procedural history, and disposition for this case are member content.
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In this cause Mr. Chief Justice Terrell, Mr. Justice Whitfield and Mr. Justice Buford are of the opinion that the decree in this cause should be reversed while Mr. Justice Brown, Mr. Justice Chapman and Mr. Justice Thomas are of the opinion that the said decree 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 *402permanently 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 decreed under the authority of State ex rel. Hampton v. McClung, 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.
Terrell, C. J., 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)