State Ex Rel. Vickery v. Mowat

193 So. 751, 141 Fla. 710, 1940 Fla. LEXIS 842

• Court: Supreme Court of Florida
• Decided: February 9, 1940
• Status: Published

Opinion

Per Curiam.

In this case Mr. Chief Justice Terrell, Mr. Justice AVhitfield and Mr. Justice Chapman are of the opinion that the decree in this cause should be reversed, while Mr. Justice Brown, Mr. Justice Buford and Mr. Justice Thomas are of opinion that the said decree should be affirmed. AAffien 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 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.