By treating a Notice of Appeal as a Petition for Writ of Certiorari, a majority of the Court heretofore issued the writ. The cause has now been heard on oral argument and the briefs and record have beem carefully considered. It is now concluded’ that the writ was improvidently issued andl should be discharged.

It is so ordered.

(dissenting):

Having determined that the plaintiff' Schmitt failed to establish a prima facie-case at the trial I am of the opinion that the district court of appeal committed error in-remanding the cause for a new trial. It: should have remanded with directions to enter a verdict for the defendant hospital. 6345 Collins Ave. v. Fein, Fla.1959, 95 So.2d 577.