Opinion
No. 59-368.
September 3, 1959. Rehearing Denied September 28, 1959.
Appeal from the Circuit Court, Dade County, John W. Prunty, J.
Leonard H. Rubin, Miami, for appellant.
Blackwell, Walker Gray, Miami, for appellee.
Appeal dismissed.
HORTON, C.J., and PEARSON and CARROLL, CHAS., JJ., concur.
On Petition for Rehearing.
This court, by order dated September 3, 1959, dismissed the appeal in this cause upon the appellee's motion. The appellant's petition for rehearing points out that the appellee's motion to dismiss failed to specify the particular ground upon which the appellee's motion was based. In order to clarify this court's order of September 3, 1959, and the basis for the dismissal of this appeal, suffice it to say that the record before the court indicated that the appellant had failed to file his assignments of error within the time required by Florida Appellate Rules, rule 3.5(a), 31 F.S.A.
Accordingly, the petition for rehearing is denied.
HORTON, C.J., and PEARSON and CARROLL, CHAS., JJ., concur.