
    STATE ex rel. Ernest J. SMITH, Relator, v. The BOARD OF PUBLIC INSTRUCTION OF DUVAL COUNTY, Florida, A. E. Stokes, Chairman, Martinez Baker, Ned P. Searcy, Franklin Reinstine, Jacob F. Bryan, III, Harry G. Kincaid, and Marvin C. Harden, Jr., Members of the Board, and Ish Brant, Superintendent of Public Instruction of Duval County, Florida, and Floyd T. Christian, State Superintendent of Education of the State of Florida, Respondents.
    No. 35237.
    Supreme Court of Florida.
    July 27, 1966.
    Horace E. Hill, Daytona Beach, and William F. Daniel, of Cotten, Shivers, Gwynn & Daniel, Tallahassee, for relator.
    Elliott Adams and Yardley Drake Buck-man, of McCarthy, Adams & Foote, Jacksonville, for Members of Board of Public Instruction of Duval County, respondents.
    Earl Faircloth, Atty. Gen., and Robert A. Chastain, Asst. Atty. Gen., for Floyd T. Christian, State Superintendent of Education, respondent.
   PER CURIAM.

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.

ERVIN, J.,

concurs, but see concurring opinion in State ex rel. Foster v. Board of Public Instruction, et al., 189 So.2d 161.  