Affirmed on authority of the City of Miami v. Kayfetz, Fla.1957, 92 So.2d 798.
We agree with the learned chancellor that if the above cited opinion had been filed prior to the appellee’s motion to dismiss the complaint, he would have been bound to dismiss the complaint at that time.
CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.