City of Miami v. Thompson

The Supreme Court of Florida in an opinion dated September 9, 1964, 167 So.2d 841, quashed the opinion and judgment of this court dated January 21, 1964, 159 So. 2d 877, and remanded the cause to this court for "appropriate decision on the other assignments of error presented * * * but not passed upon * *

On this appeal, the appellant’s “other assignments of error presented * * * but not passed upon” are assignments numbers 3, 4 and 5, raising for consideration by this court the question of whether the evidence offered by appellee was legally sufficient to sustain a finding of "unnecessary…