PER CURIAM.
The petition for writ of certiorari reflected probable jurisdiction in this Court. After argument and upon further consideration, we have determined the writ was improvidently issued. The writ must be and is discharged and the petition is dismissed.
O'CONNELL, C.J., and THOMAS, DREW and THORNAL, JJ., concur.
ERVIN, J., dissents with opinion.
CALDWELL, J., dissents and agrees with ERVIN, J.
ERVIN, Justice (dissenting).
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