
    Rose POWELL and William C. Powell, her husband, Petitioners, v. W. A. HENRY, c/b/a W. A. Henry & Sons, Harold G. O’Quinn, and Kenneth Adair, Respondents.
    No. 38896.
    Supreme Court of Florida.
    Feb. 18, 1970.
    William Whitaker, John Overchuck and Nolan Carter of William Whitaker & Associates, Orlando, for petitioners.
    William F. McGowan, Jr., of Carlton, Fields Ward, Emmanuel, Smith & Cutler, Tampa, for respondents.
   PER CURIAM.

The petition for writ of certiorari reflected probable jurisdiction in this Court. After argument and upon further consideration, we have determined that the writ was improvidently issued. The writ must be and is discharged and the petition is dismissed.

It is so ordered.

DREW, CARLTON and ADKINS, JJ., and HENDRY, District Judge, concur.

ERVIN, C. J., dissents.  