This case is controlled by our opinion in the companion case of City of Miami et al. v. Smith, Fla., 165 So.2d 748. Petition for writ of certiorari is granted, the decision of the District Court is quashed and the cause remanded for further proceedings not inconsistent with the decision of this Court in City of Miami et al v. Smith, supra.
It is so ordered.
DREW, C. J., and THOMAS, ROBERTS, THORNAL, O’CONNELL, CALDWELL and ERVIN, JJ., concur.