ON PETITION FOR REHEARING

Upon consideration of the petition for rehearing herein, the opinion herein filed January 17, 1964 dismissing this appeal is hereby receded from and the judgment therein is vacated, set aside and held for naught and the cause is hereby transferred to the District Court of Appeal, Third District, pursuant to Rule 2.1(a) (5) (d), Florida Appellate Rules, 31 F.S.A.

It is so ordered.

DREW, C. J., and THOMAS, ROBERTS, THORNAL, O’CONNELL, CALDWELL and HOBSON (Ret.), JJ., concur.

Upon further consideration of this cause following oral argument, we have concluded that this Court does not have jurisdiction in the matter. Thereupon, it is

Ordered that this appeal be, and it is hereby, dismissed.