
    Henry Eugene HELTON, Petitioner, v. PHOENIX INSURANCE COMPANY, Respondent.
    No. 46111.
    Supreme Court of Florida.
    April 7, 1976.
    Rehearing Denied May 14, 1976.
    Charles L. Cetti of Phillips, Williams, . McGraw, Cetti & Hall, Pensacola, for petitioner.
    Robert P. Gaines of Beggs, Lane, Daniel, Gaines & Davis, Pensacola, for respondent.
   PER CURIAM. .

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 HATCH-ETT, JJ., concur.

ADKINS and BOYD, JJ., dissent.  