Opinion
No. 41977.
November 29, 1972.
Writ of Certiorari to the District Court of Appeal, First District.
Robert L. Shevin, Atty. Gen., and William W. Herring, Asst. Atty. Gen., for petitioner.
Joe J. Harrell, of Harrell, Wiltshire, Bozeman, Clark Stone, Pensacola, for respondent.
The petition for writ of certiorari reflected apparent jurisdiction in this Court. We issued the writ and have heard argument of the parties. Upon further consideration of the matter we have determined that the cited decisions present no direct conflict as required by Article V, Section 4, Florida Constitution, F.S.A. Therefore, the writ must be and is hereby discharged.
It is so ordered.
ERVIN, CARLTON, BOYD and McCAIN, JJ., and LEE, Circuit Judge, concur.
DEKLE, J., dissents with opinion.
ROBERTS, C.J., dissents and agrees with DEKLE, J.
I respectfully dissent in accord with the clear analysis expressed in the dissent of Judge Wigginton to the district court opinion.