Powell v. Rodriguez Ex Rel. Larussa

Supreme Court of Florida
Powell v. Rodriguez Ex Rel. Larussa, 200 So. 700 (Fla. 1939)
145 Fla. 495; 1939 Fla. LEXIS 1516
Terrell, Whitfield, Buford, Chapman, Thomas

Powell v. Rodriguez Ex Rel. Larussa

Opinion of the Court

Per Curiam.

In this cause Mr. Chief Justice Terrell and Mr. Justice Whitfield and Mr. Justice Thomas are of the opinion that the judgment of the circuit court should be reversed while Mr. Justice Brown, Mr. Justice Buford and Mr. Justice Chapman are of the opinion that the judgment should be affirmed. When the members of the Surpeme Court, sitting six members in r 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 judgment 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 judgment of the Circuit Court in this cause be and the same is hereby affirmed.

*496 Affirmed.

Terrell, C. J., Whitfield, P. J., Buford, Chapman, and Thomas, J. J,., concur.

Reference

Full Case Name
L. R. Powell, Jr., and Henry W. Anderson, as Receivers of Seaboard Air Line Railway Company, Plaintiffs in Error, v. Antonio Rodriguez, a Minor, by His Next Friend, G. Larussa, Defendant in Error
Status
Published