
    STATE ex rel. Basil E. DALACK, Appellant, v. Honorable Richard STONE, as Secretary of State, State of Florida, Appellee.
    No. 42755.
    Supreme Court of Florida.
    May 2, 1973.
   Appellee’s motion to dismiss appeal is granted and it is ordered that the appeal be and the same is hereby dismissed.

CARLTON, C. J., and ROBERTS, Mc-CAIN and DEKLE, JJ., concur.

ERVIN, J., dissents.

ERVIN, Justice

(dissenting).

The result of the District Court’s decision was a construction of Section 20(d) (S) of Article V of the Florida Constitution, F.S.A., that thereunder five metro judges automatically became Dade County judges pursuant to approval of the Dade County Missouri Plan. Appellant contended that a proper construction of this constitutional provision authorized more than the number of county judges determined by the District Court. In all deference to the majority, a construction of the constitution is implicit in the result. The moot in practical effect, appellant is entitled to have his case decided as a guiding legal principle in future situations.  