Mills v. Baldwin (377 So. 2d 971, 1979)

ON REMAND

PER CURIAM.

Upon a grant of certiorari, reported at - U.S. -, 99 S.Ct. 3105, 61 L.Ed.2d 878 (1979), the Supreme Court of the United States vacated the judgment of this Court in Mills v. Baldwin, 362 So.2d 2 (Fla. 1978), and remanded the cause for further consideration in light of Jones v. Wolf, - U.S. -, 99 S.Ct. 3020, 61 L.Ed.2d 775 (1979). We have carefully reviewed Jones v. Wolf and find our decision in Mills v. Baldwin to be not inconsistent with the principles enunciated therein.

Accordingly, our decision in Mills v. Baldwin is hereby reinstated and the cause is remanded to the District Court of Appeal, First District, for proceedings not inconsistent with this decision.

It is so ordered.

ENGLAND, C. J., and ADKINS, OVER-TON, SUNDBERG and ALDERMAN, JJ., concur.

BOYD, J., dissents.