Estate of Alkire v. Smith

On Petition for Rehearing

Chapman, J.

On petition for rehearing it is contended that this Court overlooked and failed to pass upon and to> decide the main contention of appellants here, viz.: the mo tion for an order of a dismissal of the appeals of Mattie J. Smith and husband DaCosta Smith and Emma Trammell by the Circuit Court of Volusia County made and entered from the County Judge’s Court of Volusia County to the circuit court in the case at bar. It is also argued that said motion should have been sustained by the circuit court under the provisions of Section 53 of Chapter 16103, Acts of…