Opinion
March 25, 1959.
Appeal from the Circuit Court, Sumter County, T.G. Futch, J.
Raymond, Wilson, Karl Fink, Daytona Beach, for appellant.
Askew, Wehle, Earle Holley, St. Petersburg, for appellee.
This Court reserved jurisdiction in its opinion filed October 30th, 1957, Fla., 100 So.2d 403, to tax costs upon due application to this Court. Application has now been made to this Court by appellant, supported by affidavit, to tax costs in said cause in the amount of $406.49 against the Board of Public Instruction for the County of Sumter. The Court has examined the items set forth in the application and there being no objections to the correctness or taxability of any such items of costs by the appellee, it is, thereupon,
Ordered that the appellant Ed C. Wright do have and recover of and from the appellee Board of Public Instruction for the County of Sumter, State of Florida, a body corporate, the sum of $406.49.
It is so ordered.
THOMAS, HOBSON, DREW and O'CONNELL, JJ., concur.
ROBERTS and THORNAL, JJ., concur in order.
TERRELL, C.J., dissents.
While I disagreed with the views of the majority in the original judgment I consider myself bound by it and therefore concur in this order.
ROBERTS, J., concurs.