The facts of this case are essentially the same as those stated in City of Miami v. State, ex rel. Groner, Fla.App.1964, 164 So.2d 26, (opinion filed May 12, 1964) wherein this court reversed the lower court for issuing a peremptory writ of mandamus. Based upon the authority of that case we reverse the instant order appealed, and remand the cause to the lower court with directions to dismiss the petition.

Reversed and remanded with directions.