Supreme Court of Florida, 1932

Ratliff v. Schenck

Ratliff v. Schenck
Supreme Court of Florida · Decided August 6, 1932 · Buford, Whitfield, Ellis, Terrell, Brown, Davis
134 So. 437; 106 Fla. 408 (Southern Reporter)

Ratliff v. Schenck

Opinion of the Court

Per Curiam.

In this cause Mr. Chief Justice Buford, Mr. Justice Brown and Mr. Justice Davis are of opinion that the decree of the Court below should -be affirmed while Mr. Justice Whitfield, Mr. Justice Ellis and Mr. Justice *409 Terrell are of opinion that the said 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 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 o'f 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.

Buford, C.J., and Whitfield, Ellis, Terrell, Brown, and Davis, J.J., concur.

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