Randall v. L'Engle

Supreme Court of Florida June 15, 1906

Randall v. L'Engle, 52 Fla. 594 (Fla. 1906)

Opinion of the Court

Per Curiam:

In this case Mr. Chief Justice Shackle-ford, the Honorable John W. Malone, Circuit Judge, sitting in the place of Mr. Justice Cockrell,disqualified, and Mr. Justice Whitfield are of the opinion that the decree should be reversed, while Mr. Justice Taylor, Mr. Justice Hockior and Mr. Justice Parkhill are of the opinion that the decree should be affirmed. Under these *595circumstances, upon the authority of State ex rel. Hampton v. McClung, 47 Fla. 224, 37 South. Rept. 51; Commercial Bank v. Towers, 48 Fla. 250, 37 South. Rept. 742; Holton v. Patterson, 49 Fla. 178, 38 South. Rep. 352, and Mugge v. Tate, Jones & Co., 51 Fla. 255, 41 South. Rep. 603, an order will be entered affirming the decree. It is so ordered.

Reference

Full Case Name: A. B. Randall, Individually, and as Trustee for His Infant Daughter, Alline Grace Randall, and Alline Grace Randall, a Minor, and S. Louisa Robertson v. John C. L'Engle, as of the Last Will and Testament of Lizzie Ivey
Status: Published
Syllabus: The concurrence of a majority of the members of the Supreme Court, sitting as one body is necessary to a decision; but where the members of the court sitting in a cause on writ of error or appeal are equally divided, the judgment of the lower court should be affirmed on the authority of State ex rel. Hampton v. McClung, 47 Fla. 224, 37 South. Rep. 51.