State ex rel. Permenter v. Graessle

THORNAL, Justice

(concurring specially) .

I would not agree to State ex rel. Ervin v. Barnes, Fla.1952, 56 So.2d 506, 509, if it were now a matter of first impression. However, it does control the instant case. I fully agree to the other reasons for the issuance of the rule absolute. I, therefore, concur in the opinion and judgment.

O’CONNELL, J., concurs.