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Richard F. Howe, Executor of the Estate of James Deering, Deceased, Appellant, vs. Edward W. Lowe, D. H. Osteen, Thomas Wilson, Paul Ruffo, S. L. Primus and Mary v. Hartley, as Executrix of the Estate of Fred Hartley, Deceased, Appellees
Opinions in this case
- Majority — Per curiam
- Addendum — Per curiam
Per Curiam.
In this cause Mr. Chief Justice Buford, Mr. Justice Ellis and Mr. Justice Davis are of opinion that the decree of the Circuit Court should be affirmed while Mr. Justice Whitfield, Mr. Justice Terrell and Mr. *1197 Justice Brown are of opinion that the decree should he reversed. When the members of the Supreme Court are 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, arid 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 vs. McClung, 47 Fla. 224, 37 South. Rep. 51, that the decree of the Circuit Court in this cause be and the same is hereby affirmed.
Buford, C.J., and Whitfield, Ellis, Terrell, Brown and Davis, J.J., concur.