I agree with only the conclusion that the petition for certiorari be denied. I take this position because, as stated in the last paragraph the judgment is not final and is not therefore *Page 683 reviewable. The opinion at once holds the petition not entertainable and entertains it. Thus, in my view, all discussion of the merits, that is, the failure or not to follow the essential requirements of law, becomes obiter dicta.
BUFORD, J., concurs.