¶1 In this cause Mr. Chief Justice Whitfield, Mr. Justice Buford and Mr. Justice Davis are of the opinion that the decree of the Circuit Court should be affirmed as to Pelchat and reversed as to Bethel and Boyle, while Mr. Presiding Justice Ellis, Mr. justice Terrell and Mr. Justice Brown are of the opinion that the decree of the Circuit Court should be affirmed. 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 of State, ex rel. Hampton v. McClung, 47 Fla. 224, 37 So. Rep. 51, that the decree of the Circuit Court in this cause be and the same is hereby affirmed.
126 Fla. 662
171 So 667
Boyle v. Howe
Decided December 27, 1935
Supreme Court of Florida · decided 1935-12-27
Relies on State ex rel. Hampton v. McClung
Good law ✅— No negative treatment on recordhow we know
Decided 1935-12-27
How this case has been cited
Cited by 22 later decisions — most recently September 2004
20 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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