(dissenting in part) :
I dissent from that portion of the majority opinion dismissing the appeal of Milton Andrews. At a time when this Court, by rule and decision, is exhorting the trial courts to decide cases upon the merits rather than upon technicalities, we appear to be heading in the opposite direction. This is particularly true in this case because even though appellants’ counsel apparently did not serve a copy of the Notice of Appeal upon respondents’ counsel until after the 60-day appeal period, nevertheless the Clerk of the Supreme Court within the 60-day period received the Certificate of Appeal from the trial court and served the same upon respondents’ counsel. Thus, respondents had actual notice of the appeal within the 60-day period. To dismiss the appeal of Milton Andrews under these circumstances is an exaltation of technicalities.