The petition for writ of certiorari reflected probable jurisdiction in this court so we issued the writ. However, after hearing argument of the parties and further considering the cause, we have determined that the petition is without merit. Therefore, the writ must be and is hereby discharged.
It is so ordered.
THORNAL, C. J., O’CONNELL, CALDWELL and ERVIN, JJ., and KAN-NER, District Court Judge (Retired), concur.