The petition for writ of certiorari reflected apparent jurisdiction in this Court. We issued the writ and have heard argument of the parties. After hearing argument and upon further consideration of the matter we have determined that the petition is without merit. Therefore, the writ must be and is hereby discharged, 135 So.2d 776.

It is so ordered.

(dissenting).

I would grant certiorari and quash the decision of the district court for the reasons stated in the dissenting opinion of Judge PEARSON, TILLMAN.

O’CONNELL, J., concurs.