Petitioner’s motion for rehearing is granted to the extent that the order of dismissal of July 30, 1996, is vacated. It appearing that the order appealed from is a nonappealable, nonfinal order, but reviewable by writ of prohibition, the notice of appeal is treated as a petition for writ of prohibition.

It is further ordered that the writ of prohibition is denied on the merits.

The motion for rehearing en bane is denied.