Harkavy v. Harkavy

197 So. 763, 144 Fla. 108, 1940 Fla. LEXIS 1014

• Court: Supreme Court of Florida
• Decided: July 26, 1940
• Status: Published

Opinion

Per Curiam.

In this cause Mr. Chief Justice Terrell, Mr. Justice Wi-iitfield and Mr. Justice Chapman are of the opinion that the decree of the Circuit Court should be reversed while Mr. Justice Brown, Mr. Justice Buford and Mr. J ustice 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 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. 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.