Opinion
No. 46111.
April 7, 1976. Rehearing Denied May 14, 1976.
Writ of Certiorari to the District Court of Appeal, First District, 298 So.2d 177.
Charles L. Cetti of Phillips, Williams, McGraw, Cetti Hall, Pensacola, for petitioner.
Robert P. Gaines of Beggs, Lane, Daniel, Gaines Davis, Pensacola, for respondent.
We tentatively granted jurisdiction in this case on the basis of an apparent conflict of appellate court decisions, under Article V, Section 3(b)( 3) of the Florida Constitution. Oral argument having been waived and the matter having been fully considered on the parties' briefs, we now find that the writ was improvidently issued and should be, accordingly, discharged.
OVERTON, C.J., and ROBERTS, ENGLAND, SUNDBERG and HATCHETT, JJ., concur.
ADKINS and BOYD, JJ., dissent.