(concurring specially) .
I would not agree to State ex rel. Ervin v. Barnes, Fla.1952, 56 So.2d 506, 509, if it were now a matter of first impression. However, it does control the instant case. I fully agree to the other reasons for the issuance of the rule absolute. I, therefore, concur in the opinion and judgment.
O’CONNELL, J., concurs.