In re Vicknair, Beverly et vir, Vicknair, Floyd, Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Fourth Circuit, No. CA-1473, 459 So.2d 685; Parish of Orleans Civil District Court Div. “A”, No. 77-16405.

Granted. The judgment of the Court of Appeal is vacated and set aside; the case is remanded to the Court of Appeal for decision.

concurs. Plaintiff sought a rehearing in the Court of Appeal. Defendant sought a rehearing in the Court of Appeal. The Court of Appeal granted a rehearing, but not timely. This action by this Court accords with the desires of the parties and the Court of Appeal. Were that not the case I would simply grant the writ.

dissents and would deny the application for the reasons noted by him in 84-C-2123.