MARTHA WARD GARNER, ETC., APPELLANT,
v.
VERA WILSON WARD, ETC., ET AL., APPELLEES

Fla. 1st DCA | 1971-09-30
No. M-473
SPECTOR, C. J., and WIGGINTON and JOHNSON, JJ., concur.
252 So. 2d 371 Florida District Court of Appeal, First District (1971) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Pursuant to the opinion of the Supreme Court of Florida, filed July 7, 1971, 251 So.2d 252, for Rehearing denied September 3, 1971, wherein the Per Curiam opinion of this Court, 237 So.2d 25, rendered in said cause was quashed, it is the opinion of this Court that we agree with the opinion of the Supreme Court and adopt its opinion as the opinion of this court, and reverse the order appealed, and the same is remanded to the lower court for further proceedings in accordance with this opinion and the opinion of the Supreme Court rendered in this case.

Reversed and remanded.

SPECTOR, C. J., and WIGGINTON and JOHNSON, JJ., concur.


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  • Collins v. State, 310 So. 2d 33 (Fla. 2d DCA 1975)
    …dent to a lawful arrest. See Chimel v. California, 1969, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685. The question as to the “area under the ar-restee’s immediate control” is further analyzed by Judge Wigginton in Johnson v. State, Fla.App.1st 1971, 252 So. 2d 371. Accordingly the case is reversed as to the lower court’s finding that the appellant consented to the search and seizure, and [*35] remanded for a determination by the lower court as to whether the appellant’s arrest was a valid warrantless arrest…

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