PER CURIAM.
11 After considering the record, the applicable law, and the oral argument before Court, we have determined that the writ application was improvidently granted. Therefore, we recall the Order dated October 24, 2008 granting the writ application. The writ application is hereby denied.
WRIT GRANT RECALLED; WRIT DENIED.
KNOLL, J., concurs and assigns reasons.
WEIMER, J., dissents with reasons.