dissenting.

I would treat as petition for writ of habe-as corpus under the dictates of Article V, Section 2(a), Florida Constitution, that “no cause shall be dismissed because an improper remedy has been sought.”

BOYD, J., concurs.

The petition for writ of certiorari reflected apparent jurisdiction in this Court. We issued the writ. Upon further consideration of the cause, we conclude that no direct conflict of decisions exists as required by Article V, Section 3(b)(3), Florida Constitution. Therefore, the writ must be and is hereby discharged.

It is so ordered.

HATCHETT, J., dissents with an opinion.