The Alternative Writ of Mandamus heretofore issued is discharged and the petition is dismissed but without prejudice to any rights of the relator to proceed as he may be advised in a proper forum. See Rule 4.5 (a) (2), Florida Appellate Rules 31 F.S.A.
It is so ordered.
THORNAL, C. J., and DREW, O’CON-NELL and CALDWELL, JJ., concur.