
    FLORIDA EAST COAST RAILWAY CO., a Florida corporation, Appellant, v. Elsie SMITH, Appellee.
    No. 4065.
    District Court of Appeal of Florida. Second District.
    July 1, 1964.
    
      Bolles & Prunty, Miami, for appellant
    Rupert Jasen Smith, Fort Pierce, for ap-pellee.
   PER CURIAM.

An appeal was brought by the defendant which involved a voluntary nonsuit. We dismissed the appeal as the order was non-appealable by the defendant.

On petition for rehearing the appellant requested that we treat the appeal as a petition for writ of certiorari, pursuant to Florida Statutes 59.45, F.S.A., and we granted a rehearing.

j. On rehearing and treating the appeal as a petition for writ of certiorari, we deny certiorari.

SMITH, C. J., and ALLEN and KAN-NER (Ret.), JJ., concur.  