Opinion
No. 35085.
January 25, 1967.
Appeal from Circuit Court for Taylor County; Samuel S. Smith, Judge.
William A. O'Bryan, of Ausley, Ausley, McMullen, O'Bryan, Michaels McGehee, Tallahassee, for appellant.
W. Robert Fokes and L. Ralph Smith, Jr., of Fokes, Peeples McClure, Tallahassee, and W. Turner Davis, of Davis Browning, Madison, for appellees.
Affirmed on authority of Barrow et al. v. Smith, 119 Fla. 468, 158 So. 818; Hill v. Milander, Fla., 72 So.2d 796, and Warnock v. Florida Hotel and Restaurant Commission, Fla.App., 178 So.2d 917.
THOMAS, ROBERTS, DREW, CALDWELL and ERVIN, JJ., concur.
THORNAL, C.J., dissents with Opinion.
The trial judge held that Ch. 63-1040 Laws of 1963 is unconstitutional. The majority affirms this holding. I would reverse. I think the act was a valid legislative enactment and should be upheld and enforced.