Boyle v. Howe

171 So. 667, 126 Fla. 662, 1935 Fla. LEXIS 1798

• Court: Supreme Court of Florida
• Decided: December 27, 1935
• Status: Published

Opinions

Per Curiam.

In this cause Mr. Chief Justice Whitfield, Mr. Justice Buford and Mr. Justice Davis are of the opinion that the decree of the Circuit Court should be affirmed as to Pelchat and reversed as to Bethel and Boyle, while Mr. Presiding Justice Ellis, Mr. justice Terrell and Mr. Justice Brown are of the opinion that the decree of the Circuit 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 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 adjudged under the authority of State, ex rel. Hampton v. McClung, 47 Fla. 224, 37 So. Rep. 51, that the decree of the Circuit Court in this cause be and the same is hereby affirmed.

Affirmed.

Whitfield, C. J., and Ellis, Terrell, Brown, Buford, • and Davis, J. J., concur.