Whitfield v. Whitfield

Supreme Court of Florida

Whitfield v. Whitfield

172 So. 711, 127 Fla. 74

CourtSupreme Court of Florida

DecidedFebruary 10, 1937

StatusPublished

Cited by6 cases

This text of 172 So. 711 (Whitfield v. Whitfield) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Whitfield v. Whitfield, 172 So. 711, 127 Fla. 74 (Fla. 1937).

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Opinions

In this cause Mr. Chief Justice ELLIS and Mr. Justice WHITFIELD and Mr. Justice BUFORD are of the opinion that the decree of the Circuit Court should be affirmed, while Mr. Justice TERRELL, Mr. Justice DAVIS and Mr. Justice BROWN are of the opinion that the decree 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 said 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. *Page 75

Affirmed.

ELLIS, C.J., and WHITFIELD, TERRELL, BROWN, BUFORD and DAVIS, J.J., concur.

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In this cause Mr. Chief Justice ELLIS and Mr. Justice WHITFIELD and Mr. Justice BUFORD are of the opinion that the decree of the Circuit Court should be affirmed, while Mr. Justice TERRELL, Mr. Justice DAVIS and Mr. Justice BROWN are of the opinion that the decree 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 said 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. *Page 75

Affirmed.

ELLIS, C.J., and WHITFIELD, TERRELL, BROWN, BUFORD and DAVIS, J.J., concur.

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Bluebook (online)

172 So. 711, 127 Fla. 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitfield-v-whitfield-fla-1937.

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