
    John ROBERTSON, Judge of the Municipal Court, City of Orlando, Orange County, Florida, Appellant, v. John Merrill BRADFORD, Appellee.
    No. 2574.
    District Court of Appeal of Florida. Fourth District.
    Oct. 6, 1969.
    Rehearing Denied Nov. 12, 1969.
    
      Joseph X. DuMond, Jr., Orlando, for appellant.
    Benjamin T. Shuman, of Waterhouse & Shuman, Orlando, for appellee.
   McCAIN, Judge.

The vista of this appeal extends only to a determination of whether the circuit court for Orange County erred in prohibiting the Municipal Court of the City of Orlando and the municipal judge thereof from exercising jurisdiction or proceeding further in this cause since the appellee, after being charged in municipal court with the offense of driving while under the influence of alcoholic beverages to the extent that his normal faculties were impaired, had made a timely but denied demand for jury trial under F.S. 1967, Section 322.262(4), F.S.A.

We affirm on the authority of Davis v. Smith, District Court of Appeal, 227 So.2d 342, and Robertson v. State of Florida, District Court of Appeal, 227 So.2d 346, both opinions filed October 3, 1969.

The homogeneous nature of these opinions is not disturbed by the municipal judge’s concession that there was no authority for impaneling of a jury. The issue of whether the municipal court has the means to provide a jury trial has not been raised for our determination and no expression of such is to be garnered here-from.

Affirmed.

OWEN, J., concurs.

REED, J., dissents, with opinion.

REED, Judge

(dissenting):

I dissent on the basis of the views which I heretofore expressed in a dissenting opinion in the case of Davis v. Smith, supra.  