CROSS, Judge.
Initially we note that appellant-plaintiff, Josef J. Dulman, is attempting to prosecute an interlocutory appeal from an order dismissing without prejudice a complaint directed toward appellee-defendant, Seaboard Coast Line Railroad Company, in an action formerly cognizable at law. Rule 4.2 F.A.R. does not permit an interlocutory appeal from such order. However, we will treat the notice of appeal and the record herein as a petition for a writ of common...
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