Smith v. Fletcher Motor Sales, Inc.

(concurring) .

The case of City of Miami v. Saco, supra, was decided after the effective date of Chapter 22,854, Laws of Florida, 1945, but it is fair to assume that the appeal was initiated before the passage of that Act. As a result, the exact question now before the Court Was not decided in that case. It is also apparent that no question arose in that case as to the time of taking the appeal. It is significant that two members of the Court dissented, being of the conviction that under the rules then in force, see Supreme Court Rules 2 and 18, 30 F.S.A., and which rules are shown by the…