Opinion
February 3, 1950. On Rehearing En Banc July 7, 1950.
Appeal from the Circuit Court for Dade County, Marshall C. Wiseheart, Charles A. Carroll and William Herin, JJ.
David C. McDonald, Miami, for appellant.
Lawrence G. Lally, Miami, for appellees.
On Rehearing
We granted a petition for rehearing in this case when it was called to our attention that we overlooked the third question in appellees' brief. It reads:
"Where an order or judgment of affirmance of the Circuit Court was dated April 22d 1949 and was filed in the office of the Florida Industrial Commission at Tallahassee, Florida, on May 12th, 1949, and a notice of appeal from the said order or judgment of affirmance of the Circuit Court to the Supreme Court made said appeal returnable to the Supreme Court on July 15th, 1949 by fixing the return date as of that date, being more than sixty days from the date the order or judgment of affirmance of the Circuit Court was filed in the office of the Florida Industrial Commission at Tallahassee, Florida, did the Supreme Court acquire jurisdiction to review the order of judgment of affirmance of the Circuit Court?"
We must acknowledge merit in this question. Our decisions in State ex rel. Florida Industrial Commission v. Circuit Court of Dade County, 154 Fla. 42, 16 So.2d 433; City of Miami v. Dan Saco and Florida Industrial Commission, 156 Fla. 634, 24 So.2d 115, drive us to the conclusion that we have no jurisdiction of this appeal and for that reason it must be dismissed in appellees' suggestion.
So ordered.
TERRELL, THOMAS, SEBRING, HOBSON and ROBERTS, JJ., concur.
CHAPMAN, J., dissents.