Tedder v. State

I find conflict of decisions exists in this cause warranting certiorari relief. The conflict is apparent from Judge McNulty’s dissent in Tedder v. State (Fla.App.1974), 287 So.2d 330, 331. Conflict can arise *489from a dissent pursuant to the views expressed in Commerce National Bank in Lake Worth v. Safeco Ins. Co. (Fla.1973), 284 So.2d 205, and consistent therewith appears to arise here.

I agree with Judge McNulty that the evidence was clearly insufficient to revoke Tedder’s probation. As Judge McNulty points out, the evidence produced at the revocation ' hearing did not countervail Tedder’s…