concurs. The court of appeal granted certiorari in this case to decide a legal issue which would not terminate the litigation as to any party. Cf. Herlitz Construction Co. v. Hotel Investors, 396 So.2d 878 (La.1981). Although I have doubt as to the correctness of the court of appeal on the legal issue, it is appropriate to defer addressing this issue until after the trial on the merits required by the intermediate court’s decision.