Perlman v. First Nat'l Bank of Chicago ( 1975 )

PER CURIAM:

In this case the court has been unable to reach a decision because two judges have recused themselves and the remaining members of the court are divided so that it is impossible to secure the concurrence of four judges which is required by section 3 of article VI of the Constitution.

The court has carefully considered, in this case and in other cases, the appropriate method of resolving the problem that occurs when individual judges are disqualified and a constitutional majority of four cannot be mustered for any opinion. No solution is wholly free from objection. The court has decided, however, that it is preferable, in cases that have come to this court upon appeal from the appellate court, to follow substantially the procedure that is employed by the Supreme Court of the United States when the judges of that court are equally divided.

In such cases it is the practice of the Supreme Court of the United States to affirm the judgment of the court that is before it for review. Such an affirmance is a conclusive determination and adjudication as between the parties to the immediate case, but it is not authority for the determination of other cases, either in the Supreme Court or in any other court. It is not “entitled to precedential weight.” The legal effect of such an affirmance is the same as if the appeal was dismissed (see Neil v. Biggers (1972), 409 U.S. 188, 34 L. Ed. 2d 401, 93 S. Ct. 375), and it is this course, rather than the Supreme' Court’s practice affirming the judgment under review, which we have decided to follow.

Appeal dismissed.