would grant the writ, but is of the opinion that the court of appeal’s opinion and judgment should not be reversed on the basis of an ex parte application without affording both parties an equal opportunity to present written or oral arguments.

In re: Ken Smiley, applying for Writs of Certiorari, Prohibition and Mandamus, the Court of Appeal, First Circuit, Parish of Baton Rouge, Number 82-CW-0735, 19th Judicial District Court, Parish of East Baton Rouge, Division “D” Number 251,532.

Granted. Judgment of the court of appeal is reversed and the judgment of the district court is reinstated.