The attorney for appellee has filed a motion to dismiss the appeal in this cause and upon consideration, it is

Ordered that the said motion be and the same is hereby granted and the appeal in this cause commenced by notice of appeal filed in the Circuit Court for Orange County, Florida, on December 2, 1960, be and the same is hereby dismissed. § 59.09 Fla.Stat. 1959, F.S.A.; Rule 3.2, subd. f, Fla.App. Rules, 31 F.S.A.