¶1Granted; the appeal is reinstated. See Nomey v. St. Department of Highway, La. App., 325 So.2d 732, which has correctly decided this issue.
¶2SUMMERS, J., while I agree that this application should be granted, I cannot agree that the Court of Appeal should be reversed, as we are doing here, without a hearing and a statement of reasons as applied to the particular facts of this case.