We previously denied a motion filed by appellee to dismiss this appeal for lack of jurisdiction, 347 So.2d 955. That opinion was specifically overruled by the court en banc in Martin v. Parish of Jefferson, La. App., 351 So.2d 1316 (1977, No. 8717 on our docket). We therefore have reconsidered whether or not we have jurisdiction over this appeal, and under the rationale of this court in the Martin case we have concluded that we have none.

Accordingly, the appeal is dismissed.

APPEAL DISMISSED.

ON REHEARING

We have granted the application for rehearing filed by United States Fidelity & Guaranty Company, intervenor, and applicant in order to clarify our judgment of December 13, 1977.

As can be seen by reference to our earlier opinion at 347 So.2d 955, the intervenor perfected a timely appeal, so that it was not our intention to dismiss its appeal but only the appeal attempted to be taken by plaintiff.

Accordingly, the appeal of the intervenor, United States Fidelity & Guaranty Company is properly within the jurisdiction of this court and is hereby maintained, and our judgment of December 13, dismissing the appeal, is restricted to the appeal taken by plaintiff-appellant.

REHEARING GRANTED, APPEAL OF INTERVENOR MAINTAINED.