Whitney v. Whitney

Supreme Court of Florida

Whitney v. Whitney

122 So. 566, 98 Fla. 205

DecidedJuly 23, 1929

StatusPublished

This text of 122 So. 566 (Whitney v. Whitney) 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

Whitney v. Whitney, 122 So. 566, 98 Fla. 205 (Fla. 1929).

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Opinion

Per Curiam.

In this cause Mr. Justice Whitfield, Mr. Justice Strum and Mr. Justice Brown are of opinion that, the decree of the Circuit Court should be affirmed. *206 The Chief Justice, Mr. Justice. Ellis and Mr. Justice Buford are of opinion that said decree should be affirmed in part and reversed in part. When it appears that the members of the Court 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 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.

Terrell, C. J., and Whitfield, Ellis, Strum, Brown, and Buford, J. J., concur:

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Per Curiam.

In this cause Mr. Justice Whitfield, Mr. Justice Strum and Mr. Justice Brown are of opinion that, the decree of the Circuit Court should be affirmed. *206 The Chief Justice, Mr. Justice. Ellis and Mr. Justice Buford are of opinion that said decree should be affirmed in part and reversed in part. When it appears that the members of the Court 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 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.

Terrell, C. J., and Whitfield, Ellis, Strum, Brown, and Buford, J. J., concur:

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Bluebook (online)

122 So. 566, 98 Fla. 205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitney-v-whitney-fla-1929.

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