¶1(concurring on Rehearing). I joined in the dissenting opinion rendered in this case last February 28th, and I have not changed my view. Act 555, Section 2, is explicit in providing:
¶2“When an appeal is permitted by law from the Circuit, Chancery or Probate Court, any party to the action may appeal from a judgment or decree, by filing with the court in which the case is tried a notice of appeal within 30 days from the entry of the judgment or decree appealed from, unless a shorter time is provided by law. Failure of the appellant to take any of the further steps to secure the review of the judyment or decree appealed from shall not affect the validity of the appeal, but shall be ground only for such action as the appellate court deems appropriate, which may include dismissal of the appeal.”
¶3It is hard to understand how the language and its meaning could be any clearer. In my opinion, an appeal is taken when the thirty days notice of appeal is given, and this court has the authority under the Act to permit the cause to proceed to a final decision, even though appellants have not complied with other requirements of Act 555.
¶4When the facts and circumstances in the cases mentioned in the opinion on rehearing are taken into consideration, I think it would be an abuse of discretion to dismiss the appeals. Hence, I concur in the opinion on rehearing permitting the cases to proceed to decisions on the merits.