
    Frank F. DOMNICK, Jr., Petitioner, v. Patricia L. WARE, as Executrix of the Estate of Frank F. Domnick, Deceased, Respondent.
    No. 40545.
    Supreme Court of Florida.
    June 16, 1971.
    Paul E. Gifford, of Stephens, Demos, Magill & Thornton, Miami, for petitioner.
    Fogle & Fordham and Richard M. Gale, Miami, for respondent.
   PER CURIAM.

The petition for writ of certiorari reflected probable jurisdiction in this Court. We issued the writ and have heard argument of the parties. After argument and upon further consideration of the matter, we have determined that the writ was improvidently issued. Therefore, the writ is hereby discharged and the petition for writ of certiorari is dismissed.

It is so ordered.

ERVIN, Acting C. J., and ADKINS, BOYD and McCAIN, JJ., concur.

DEKLE, J., dissents.  