
    Harry SCHOOLEY, as Tax Assessor, Lee County, Florida, et al., Appellants, v. Kimi T. JUDD, Appellee.
    No. 31609.
    Supreme Court of Florida.
    June 29, 1962.
    R. W. Shaughnessy, Fort Myers, for appellants.
    Henderson, Franklin, Starnes & Holt and Duane A. Reynolds, Fort Myers, for appel-lee.
   PER CURIAM.

Upon consideration by the Court of the reasons advanced by the Tax Assessor of Lee County, Florida, why this cause is one which should be heard and determined by this Court instead of being transferred to the District Court of Appeal, Second District, it is

ORDERED that the reasons so assigned are deemed to be insufficient and are hereby overruled and the order herein of May 29, 1962 transferring this cause to the District Court of Appeal, Second District, be and the same is hereby adhered to.

TERRELL, THOMAS, THORNAL, O’CONNELL and CALDWELL, JJ., concur.

ROBERTS, C. J., and DREW, J., dissent.

DREW, Justice

(dissenting).

I cannot agree that this cause is one which lies within the orbit of the jurisdiction of the District Court of Appeal, Second District. It is my view that the decree here under attack indubitably construed Article X, Section 7, of the Florida Constitution, F.S.A. to mean that a married woman —whose husband is a resident of another state — but who owns a house in Florida and resides therein is entitled to a homestead exemption under said Article and may lawfully “make the same her permanent home” as contemplated by said Article.

Being of this view, I think this Court has jurisdiction of this cause and should retain it and dispose of it on the merits.

ROBERTS, C. J., concurs.  