Opinion
No. 72-1060.
December 19, 1973. Rehearing Denied January 25, 1974.
Appeal from Circuit Court, Pinellas County; Robert E. Beach, Judge.
Joseph F. McDermott of McDermott Ohle, St. Petersburg, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Guy E. Labalme, Asst. Atty. Gen., Tampa, for appellee.
Reversed on authority of Turner v. State, Fla.App. 1973, 283 So.2d 157.
MANN, C.J., BOARDMAN, J., and SCHWARTZ, ALAN R., Associate Judge, concur.
ON PETITION FOR REHEARING
Appellee petitioned for rehearing on the ground that Turner v. State, Fla.App.2d 1973, 283 So.2d 157, was not applicable, and indicated several dissimilarities between Turner and the instant case. The appellee failed to note the key similarity between the two cases:
The central and basic question presented is whether there was competent evidence before the trial court to justify and warrant its finding that the appellant, by his acts, words, and/or deeds, was guilty of direct criminal contempt.
(Turner v. State, supra, p. 159).
Petition denied.
MANN, C.J., and SCHWARTZ, ALAN R., Associate Judge, concur.