Henry v. State

It appearing that since the filing of our decision dated December 10, 1963, Henry v. State, Fla.App., 158 So.2d 807, denying ap-pellee’s motion to dismiss this cause, which motion was based on the ground that the appeal was not filed within ninety (90) days from the date of the judgment appealed, as required by Rule 6.2, Florida Appellate Rules, 31 F.S.A., in the case of State ex rel. Ervin v. Smith, (Fla.) 160 So.2d 518, the Florida Supreme Court rendered an opinion, the effect of which is to reject the rule announced by our said decision in this cause, and it being made to appear that our…